Malaba is not indispensable

ON May 15 2021, the High Court in an urgent application by the Young Lawyers Association of Zimbabwe and Musa Kika issued an order the effect of which was to inter alia confirm that the term of office of Justice Luke Malaba had expired and he had ceased to be the Chief Justice after attaining the age of 70.

In a statement issued on the same day, Justice minister Ziyambi Ziyambi although professing to respect the above decision proceeded to criticise and demean both the decision and the honourable judge, who on behalf of the High Court, delivered the judgment.

The criticism is in our view intemperate, less than measured and not befitting of a minister.

It also contained threats to judicial independence which are unacceptable in a democratic nation and are inconsistent with the doctrine of separation of powers as enshrined in our Constitution.

We are further concerned and disturbed by the patently false narrative in the statement that Zimbabwe Lawyers for Human Rights (ZLHR), is using money to capture various State institutions and to destabilise the government of Zimbabwe.

There is not an iota of truth in these reckless and defamatory allegations. The minister knows this only too well.

ZLHR is a law-based organisation of law-abiding legal practitioners whose sole objective is to promote and support observance of the rule of law and the promotion of constitutionalism.

In our efforts, we have collaborated with both civil society and various arms of government; the Justice, Legal and Parliamentary Affairs minister will attest to this.

We have litigated extensively in order to defend the indigent and defenceless and to uphold the rule of law. In this respect, our work speaks for itself.

We take strong exception to the false and defamatory statements of and about ZLHR and our rights in this respect are fully reserved.

While we do not wish to comment on a matter which may very well be the subject of an appeal we point out that according to our law a litigant who is unhappy with a court decision has the option of an appeal, where this is available and is not entitled to demean the court that handed down the decision or threaten unlawful action against the successful litigant or vent their anger on third parties, regardless of how disappointed they may be with the outcome.

The statement by the Justice, Legal and Parliamentary Affairs minister does enormous disservice to Zimbabwe and its citizens and sends the wrong message to all those who cherish justice and the rule of law.

It is our hope that on reflection, the minister will withdraw these gratuitously offensive, defamatory and false claims against ZLHR and his contemptuous utterances against the Judiciary as they are unwarranted and harmful to the interests of Zimbabwe.

Zimbabwe Lawyers for Human Rights