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Fidelis Munyoro
THE Constitutional Court has nullified the High Court decision that disqualified Chief Justice Luke Malaba from exercising a new constitutional right to extend his term by five years to the age of 75.
Marx Mupungu of Bulawayo wanted the court to overturn the lower court judgment which he argued impugned the conduct of the President and Parliament for exercising their constitutional mandate with the second amendment to the Constitution giving judges the option of extending their term, if medically fit, for another five years after the set retirement age of 70.
Chief Justice Malaba exercised that right, but the High Court said the amendment was not valid for sitting Supreme Court and Constitutional Court judges.
Although an appeal was noted in the Supreme Court, it has not been heard yet and in any case, could have been subjected to a further appeal to the Constitutional Court for a final decision by the losing party in the appeal.
Online Reporter