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However Amendment 2 to the Constitution increased the age limit to 75 in early May 2021 allowing him to remain in office. There are questions around the constitutionality of this amendment. [7] On 15 May 2021 the High Court of Zimbabwe retired Malaba as the chief justice and ruled his extension of office was unconstitutional. [8]
The Supreme Court of Zimbabwe made a groundbreaking decision in 1995 by ruling that a foreign husband should have identical rights of residence as a foreign wife. [7] As a direct result of this ruling, the Zimbabwean government added the 14th amendment to the constitution, which effectively got rid of all rights to citizenship based on marriage ...
7 May 2021: Citation: Constitution of Zimbabwe, as amended up to 20th June 2023 (PDF), 20 June 2023: Commissioned by: 2008–2009 Zimbabwean political negotiations: Author(s) Parliamentary Select Committee: Signatories: Robert Mugabe: Supersedes: Constitution of Zimbabwe Amendment (No. 19) Act, 2008
In May 2021, the High Court ruled that Mnangagwa's constitutional amendment extending the retirement age of judges from 70 to 75 did not apply to sitting judges, [5] [6] meaning Luke Malaba ceased to be a judge as he turned 70 that week, and the Judicial Service Commission announced Gwaunza was Acting Chief Justice with immediate effect. [1]
For the Rhodesian justices, the appointment date indicates the date they were appointed to the High Court of Rhodesia, which was superseded by the Supreme Court of Zimbabwe. The start date of the Rhodesian justices' tenure, however, is 18 April 1980, the date that the Supreme Court of Zimbabwe came into being.
In 2019 he led a bid in the Constitutional Court against a High Court of Zimbabwe judgment that outlawed corporal punishment in Zimbabwe. In May 2021, Thabani obtained a judgment from three judges of the High Court which held that the term of office of Chief Justice Luke Malaba had come to an end and that the constitutional amendment that had ...
Others who sit on the bench of the Supreme Court of Zimbabwe are Justice Paddington Garwe, former Judge-President of the High Court, Wilson Sandura and Vernanda Ziyambi. Luke Malaba, a former justice of the Supreme Court, was appointed acting chief justice on 1 March 2017 following the retirement of Chief Justice Godfrey Chidyausiku. Malaba was ...
In December 2004 Patel was appointed to the bench in the High Court of Zimbabwe, and assumed judicial duties in January 2005. From December 2007 to December 2008 he was temporarily re-appointed to the post of Acting Attorney-General, following the suspension and removal from office of the previous incumbent, Sobuza Gula-Ndebele. [1]