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Trust in courts? critics doubt Chief Justice Malaba

Chief Justice Luke Malabaโ€™s recent call to restore public confidence in the judiciary has sparked controversy, with critics highlighting the irony of his position, given his extended tenure facilitated by a Zanu PF government amendment.

Analysts argue that this extension undermines judicial independence and raises questions about the judiciary’s impartiality within Zimbabweโ€™s political landscape.

Speaking at the 2025 National Legal Year opening at the Bulawayo High Court on Monday, Malaba called for collaboration among stakeholders to strengthen public trust in the judiciary.

โ€œAchieving the delivery of quality justice is possible only through collaboration and partnership with all stakeholders within the justice sector. The conduct and manner in which each public institution carries out its mandate directly influence the level of confidence the public places in it,โ€ Malaba said.

However, his remarks drew criticism from analysts who contend that his term extension by President Emmerson Mnangagwa, through a constitutional amendment, compromises judicial independence.

Malabaโ€™s tenure was originally set to end when he turned 70, as stipulated by Zimbabweโ€™s Constitution. However, Zanu PF used its parliamentary majority to amend the law, allowing the President to extend judgesโ€™ retirement age to 75 if deemed fit.

The extension sparked widespread backlash, with many accusing Malaba of serving at the pleasure of the Executive rather than upholding the judiciary’s independence.

Criticism of Malaba is not new. In 2018, he dismissed an opposition petition challenging Mnangagwaโ€™s presidential election victory. Analysts argue that this ruling, combined with his extended tenure, has eroded public trust in his credibility.

โ€œThere is a clear bias when certain individuals and cases are treated differently based on political affiliations. This selective justice undermines public trust,โ€ said Dr. Vusumuzi Sibanda, a legal commentator.

Dr. Sibanda also criticised Malabaโ€™s call, describing it as insincere given the judiciaryโ€™s perceived alignment with the ruling party.

โ€œMalabaโ€™s sentiments wonโ€™t restore public confidence because they lack genuine intent. Heโ€™s making a political statement while failing to uphold the integrity of his office. His presence in the judiciary is a testament to its compromised state,โ€ Dr. Sibanda said.

He further argued that the judiciary has subordinated itself to the Executive, compromising its role as an independent arm of government.

โ€œThe judiciary should act as an equal pillar in the trias politica, balancing the Executive, Legislature, and Judiciary. Unfortunately, it has become subservient to the Executive due to appointments and amendments that ensure the Chief Justice serves at the Presidentโ€™s discretion,โ€ he added.

Dr Sibanda noted that judicial officersโ€™ reliance on Executive-provided benefits makes them vulnerable to political influence.

โ€œWhen judges depend on the Executive for perks, their independence is compromised. They cannot act impartially when their benefits are tied to the whims of their appointer,โ€ he said.

Opposition politician Iphithule Maphosa echoed these sentiments, asserting that Zimbabweโ€™s judiciary lost its independence long ago when appointments became politically motivated.

โ€œZanu PF disempowered the judiciary by capturing its top officials to secure absolute power. Those who resisted were forced out, with some fleeing the country altogether. Those who remain serve at the pleasure of the ruling party, prioritizing its interests over justice,โ€ Maphosa said.

He dismissed Malabaโ€™s call for public confidence as empty rhetoric, arguing that institutions entrenched in power rarely reform voluntarily.

โ€œItโ€™s pure rhetoric. Thereโ€™s no real intention to reform or promote true independence. The judiciary has become a tool to quell dissent and perpetuate Zanu PFโ€™s hold on power,โ€ Maphosa said.

In his speech, Malaba also highlighted improvements in judicial infrastructure in 2024, including the provision of vehicles for judges, magistrates, and staff.

โ€œAll judges received replacements for their all-terrain vehicles, while newly appointed judges were issued official vehicles. Magistrates in provincial and senior grades also received official vehicles for the first time, greatly enhancing their conditions of service,โ€ Malaba said.

He noted that the Judicial Service Commission (JSC) procured additional vehicles for registry, sheriff, magistracy, and secretariat departments, as well as 15 buses deployed across provinces to address transport challenges.

Maphosa criticised this focus on perks, arguing that resources should instead improve judicial independence and accessibility.

โ€œOur obsession with vehicles as symbols of success is misplaced. Instead of addressing critical needs, such as training judicial officers and improving correctional facilities, resources are wasted on appeasement,โ€ Maphosa said.

Dr. Sibanda agreed that judicial officers deserve benefits but stressed that these should not be tied to Executive approval.

โ€œJudges should receive their benefits without undue delays or dependence on the Executive. The judiciary must operate autonomously, not as an extension of the government,โ€ he said.

Lulu Brenda Harris

Lulu Brenda Harris is a seasoned senior news reporter at CITE. Harris writes on politics, migration, health, education, environment, conservation and sustainable development. Her work has helped keep the public informed, promoting accountability and transparency in Zimbabwe.

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