First female Chief Justice Justice Elizabeth Gwaunza takes over as head of the judiciary

PRESIDENT Mnangagwa has appointed Constitutional Court judge Justice Elizabeth Gwaunza as the country’s new Chief Justice, ending retired Chief Justice Luke Malaba’s tenure at midnight after 45 years on the bench.

Chief Justice Gwaunza takes over as the head of the judiciary with effect from today. She becomes the first female Chief Justice of Zimbabwe. The appointment, announced yesterday by Chief Secretary to the President and Cabinet Dr Martin Rushwaya, was made in terms of Section 180(2) of the Constitution.

“Honourable (Justice) Elizabeth Gwaunza is qualified for the appointment having served as the Deputy Chief Justice since 29 March 2018 and possessing extensive judicial experience,” reads the statement.

She will be deputised by Justice Paddington Garwe, who was appointed Deputy Chief Justice.

“Honourable Mr Justice Paddington Garwe is qualified for appointment, having served as a judge of the Constitutional Court since 20 May 2021 and possessing extensive judicial experience,” said Dr Rushwaya in the statement.

The appointments come as Justice Malaba exited office upon reaching 75 years old, in line with Section 186(1) of the Constitution, which sets the retirement age for judges unless extended.

Yesterday, judges, lawyers and State officials gathered at the Constitutional Court for a special sitting held in Justice Malaba’s honour as he closed a judicial career that began in the magistracy and ended at the apex court.

Justice Malaba served as Chief Justice after rising through the ranks of the judiciary, presiding over constitutional cases and court reforms during his tenure.

Last night, the Executive, Legislature and Judiciary held a dinner in his honour ahead of his retirement at midnight. Vice President Dr Kembo Mohadi represented President Mnangagwa at the event. Justice Malaba leaves office as the judiciary enters a new phase under Chief Justice Gwaunza.

Meanwhile, Justice Malaba has said the judiciary “must continue with courage, humility and independence” as he warned that public confidence in the courts depended on judges deciding cases “according to the law even where the decision may not be popular”.

He said this in his valedictory speech during a special court sitting convened to mark the conclusion of his judicial career.

“The authority of the court does not rest on force. It rests on public confidence, reasoned decision-making, impartiality and the visible commitment of every judicial officer to do justice according to law,” he said.

Justice Malaba said the judicial office was “held in trust for the people” and urged judges and judicial officers to remain faithful to the Constitution, the law and the judicial oath.

“The Constitution must remain the guiding instrument. The people must remain the reason for the exercise of judicial authority. Justice must remain the object to which every court, every judge and every judicial officer is faithfully committed,” he said.

Justice Malaba reflected on his years in the Judiciary, from the High Court to the Supreme Court and later as Chief Justice, saying the judicial oath had been “the most constant companion” throughout his career.

“The judicial career, properly understood, is nothing more and nothing less than a lifelong commitment to the oath that was taken on the first day of the assumption of the judicial office,” he said.

“It is not an office that belongs to the individual who occupies it. It belongs to the constitutional order and to the people in whose name judicial authority is exercised. The delivery of justice requires the co-operation and collaboration of many institutions,” said Justice Malaba, acknowledging the Attorney-General’s Office, the National Prosecuting Authority, the Ministry of Justice, Legal and Parliamentary Affairs, the Zimbabwe Republic Police and the Zimbabwe Prisons and Correctional Services.

He also credited the Government for supporting reforms during his tenure, including digitisation, court construction, judicial training and decentralisation of court services.

“The Judiciary witnessed major progress in digitisation, court construction, judicial training, decentralisation of court services and the strengthening of institutional capacity,” he said.

Addressing judges who remain in office, Justice Malaba said every case carries consequences for citizens seeking justice.

“Every matter that comes before a court carries the hopes, fears, rights and obligations of real people,” he said.

“The manner in which those matters are heard and determined shapes the public’s understanding of justice.”

The revered jurist said the judiciary had exposed him to “the hopes, grievances, struggles and aspirations of the people of Zimbabwe” as well as “the worst side of mankind through crimes of gratuitous violence such as murders, rapes and robberies”.

Justice Malaba said his retirement marked “both an ending and a continuation”.

“It is the end of one judicial journey, but not the end of the work of justice,” he said.

In her speech Justice Gwaunza solemnly honoured Justice Malaba on his retirement.

“This is a moment of national significance,” reflecting on his remarkable legacy of justice, integrity, and public service,” she said.

Born on May 15,1951 in Matabeleland South, Justice Malaba’s legal journey began with degrees from the University of Warwick and the University of Zimbabwe.

His career spanned over four decades, starting as a prosecutor, then magistrate, High Court Judge, Judge of Appeal, Deputy Chief Justice and then Chief Justice.

Justice Gwaunza praised Justice Malaba’s leadership, saying: “He transformed the office of Chief Justice”, through institutional reform, modernisation, and expanding access to justice.”

She highlighted the introduction of the Integrated Electronic Case Management System, which digitised the country’s Superior Courts and is extending to Magistrates’ Courts.

Justice Gwaunza recalled landmark rulings, including the 2016 decision outlawing child marriages, affirming children’s rights and dignity. His regional influence included serving on the COMESA Court and presiding over the Conference of Constitutional Jurisdictions of Africa.

Beyond his career, Chief Justice Gwaunza said Justice Malaba “is a devoted family man”, supported by his wife, Eunice, and their three children.

Reflecting on his legacy, she said: “Your judicial life has been marked by patience, foresight and care.”

Earlier, Justice Antonia Guvava, speaking on behalf of the judges, Justice Minister Ziyambi Ziyambi, Prosecutor-General Justice Loice Matanda-Moyo, Dr Innocent Maja representing academia, Advocate Addington Chinake representing the legal fraternity, Law Society of Zimbabwe president Lison Ncube, and the Chief Magistrate Ms Vongai Guwuriro, all paid tribute to Justice Malaba.

Luminaries from across the region attended the gathering to bid farewell to Justice Malaba and these included Namibia’s Chief Justice Peter Shivute, Malawi’s Chief Justice Rizine Mzikamanda and COMESA Chief Executive Officer Dr Willard Mwemba.