Legal fraternity hails Chief Justice-designate
THE Law Society of Zimbabwe (LSZ), legal experts and legislators have welcomed President Mugabe’s appointment of Deputy Chief Justice Luke Malaba as the country’s new Chief Justice.
They said Zimbabweans and the legal profession would benefit immensely from his vast experience spanning over 35 years.
LSZ president Mr Misheck Hogwe said: “As LSZ, we welcome the appointment of Justice Luke Malaba as the new Chief Justice (designate), most importantly because it was done in terms of the provisions of the country’s supreme law.
“The new CJ designate was deputy CJ for a long time and he acquainted himself very well with the judiciary system.”
Veteran lawyer and legislator Mr Jonathan Samukange described Justice Malaba as one of the best legal minds in Zimbabwe, whose conduct was beyond reproach.
“I have worked with him since the time he was a magistrate and I being a prosecutor,” he said.
“He is an intellectual with an excellent mind. He is a philosopher and I have no doubt he will be an excellent CJ. As a CJ, one has to put on two hats and I have no doubt he is going to acquit himself well on the political and judicial fronts.”
Another lawyer, Mr Tendai Toto said the appointment of Justice Malaba showed President Mugabe’s respect for the Constitution and hierarchy.
“This demonstrated that the President respects the Constitution,” he said.
“Justice Malaba is revered by the legal fraternity as a combination of seniority and competence.
“By appointing him, the nation and the legal fraternity are going to continue benefiting from his experience as the law develops and the rule of law upheld.”
Bulawayo lawyer Mr Kucaca Ivumile Phulu concurred.
“We are happy about the appointment of Justice Malaba as the country’s Chief Justice and we would like to congratulate him,” he said.
“In fact, we are saying the process gives dignity to our legal system in terms of respecting the law and its legacy.”
Another legal expert, Mr Thandaza Masiye-Moyo said: “I have no doubt that he has
been a sterling performer and hard worker. We have no doubt that he will serve the nation well in his new capacity.”
President Mugabe appointed Justice Malaba as Chief Justice-designate with effect from March 27 and he will be sworn in as Chief Justice next week, as he is out of the country on an assignment.
Justice Malaba had been Acting Chief Justice since March 1 following the retirement of Justice Godfrey Chidyausiku at the mandatory age of 70.
During the interviews held by the Judicial Services Commission (JSC) in December last year, Justice Malaba scored 92 percent, while JSC secretary Justice Rita Makarau garnered 90 percent and Justice Paddington Garwe came out third at 52 percent.
Under section 180 of the country’s Constitution, the Chief Justice is appointed by the President from a list of three nominees selected by the JSC following advertisements and the holding of public interviews.
Kuwadzana East Member of Parliament, Advocate Nelson Chamisa (MDC-T) on Wednesday heaped praises on President Mugabe, describing him as a shining beacon of democracy and constitutionalism.
Adv Chamisa, who is also MDC-T vice-president, said President Mugabe’s decision to appoint Justice Malaba as Chief Justice was proof that the Head of State and Government and Commander-in-Chief of the Zimbabwe Defence Forces was a person who upheld the law.
Adv Chamisa made the remarks after he rose on a point of order in the National Assembly at the commencement of parliamentary proceedings.
“I am one person who does not resist goodness,” he said. “We want to congratulate the first citizen of this country for making sure he appointed a person on merit.
“It is good for the rule of law. His appointment must be celebrated not just by MDC, Zanu-PF, but all Zimbabweans. Where the first citizen follows the dictates of rule of law, we must celebrate.”
Adv Chamisa went on to describe Justice Malaba as a man of integrity.
“We are happy with the Chief Justice-designate,” he said. “As Parliament, we must defend the Constitution. Justice Malaba is a man of Integrity. He is a fair and firm man.”
Justice, Legal and Parliamentary Affairs portfolio committee chairperson Cde Ziyambi Ziyambi said there was every reason to commend President Mugabe.
“The President has upheld the due process,” he said. “As chairperson of the committee, we are happy.”