Service/Career

1981 - 1984, public prosecutor in Bulawayo.
1984, magistrate in Masvingo.
1990, regional magistrate.
1994, Judge of the High Court.
1994 - 2001, Judge of the Bulawayo High court.
August 2001, Supreme Court.
2008, Deputy Chief Justice (the country's first).
^[5]
Justice Malaba has also held an appointment as a judge of the COMESA Court of Justice.^[6]

Events

Notable Rulings

2013 Election date

In a 2013 case in which Jealousy Mawarire sued President Robert Mugabe compelling him to set the date for the election. The majority ruled in favour of Mawarire’s application, which ensured that elections were held by 31 July 2013. Malaba was one of the only two dissenters together with Justice Patel. ^[5]

Mike Campbell (Pvt) Ltd et al. v. Republic of Zimbabwe

After Mike Campbell and a group of white farmers had taken their case to the SADC Tribunal and won in the case Mike Campbell (Pvt) Ltd et al. v. Republic of Zimbabwe, they sought to enforce the orders in Zimbabwe. The SADC Tribunal had ruled that the land reform process was unlawful and a violation of the rule of law. Writing for the Supreme Court in the case, Malaba dismissed the farmers’ application, holding that the SADC Tribunal had no jurisdiction over the matter and that the Supreme Court was not obliged to comply with or enforce the orders of the Tribunal.^[5]

Citizen's vs. ZBC

Malaba also wrote the judgment in the case where citizens were challenging ZBC's powers to levy the licence fee. He ruled that ZBC’s powers were not unlawful. ^[5]

Marimo vs. Minister of Justice

In Marimo and Another v Minister of Justice, Legal and Parliamentary Affairs and Others (2006) ZWSC 60 the important question was whether Chief Justice Chidyausiku’s power to appoint judges of the Electoral Court under the Electoral Act was constitutional. Section 162 of the Electoral Act empowered the Chief Justice to appoint judges of the Electoral Court. Following that provision after the 2005 elections, Chidyausiku had handpicked judges but this was challenged by the losing MDC candidates on the grounds that the Electoral Court was a special court and judges had to be appointed in accordance with the provisions for appointing judges. ^[5]

Malaba ruled that this was improper and unconstitutional. Malaba ruled that section 162 of the Electoral Act was inconsistent with the Constitution and declared it invalid and held that Chidyausiku’s act of appointing judges on its terms was invalid. In passing judgment Malaba said: ^[5]

It must follow, that as the judges were not validly appointed, they had no authority to exercise the judicial power of the Electoral Court at the time they purported to hear and determine the election petitions. In other words, the court in which they sat was not properly constituted and was not a court “established by law.” There was a violation of the right guaranteed to the applicants under s 18(9) of the Constitution.”^[5]

Malaba in June 2020 regulated the female lawyer’s attire. Stating that it cannot be more than 3 cm above the knees and also tight.

Term Extension

In May 2021, Emmerson Mnangagwa extended Malaba's tenure by an additional five years after his medical report proved that he was still mentally and physically fit to continue as Chief Justice.

Chief Secretary to the President and Cabinet Dr Misheck Sibanda wrote to Malaba advising him that Mnangagwa had accepted his election to continue in the office of Chief Justice beyond 70 years for an additional five years. Judicial Service Commission (JSC) secretary Mr Walter Chikwana confirmed the development. ^[7]

However, on 15 May 2021, Happias Zhou, Edith Mushore, and Jester Charewa ruled that Malaba ceased to be the Chief Justice upon reaching 70 years on 15 May 2021 and that the extension of the term limits does not apply to judges of the Constitutional Court and the Supreme Court. ^[8]

Return To Work

On 24 May 2021, Malaba returned to work following the noting of appeal by the Government challenging the High Court decision nullifying the extension of his tenure. ^[9]

Housing loans

It has been reported in June 2023, that all judges in Zimbabwe have been given US$400 000 (each) for housing loans. A source as said that Chief Justice Luke Malaba and deputy Elizabeth Gwaunza have already been allocated these benefits.

Political commentator Pride Mkono questioned the timing of the loans considering that the judiciary plays an important role in resolving post-election disputes. Their independent standing as the judiciary is now questioned by many. While the idea of improving the welfare of government workers is an important and ideal situation, it must not be done in a manner that exposes judges to political posturing and pork-barrelling. Another said, This is once again a clear demonstration that the judiciary in this country is now captured. Loans were granted in June 2023, the election is to be 23 August 2023. In addition to this, an amendment to the Constitution now allows only one person, which is the President, to appoint, when Zimbabweans had indicated that when it comes to judges they had wanted the Parliament to be involved because the judiciary would be impartial.

In 2022, the Government awarded Members of Parliament US$40 000 each, and Cabinet Ministers US$500 000 each, funded by taxpayers, for houses. ^[10]

Election Judges 2023

Chief Justice of Zimbabwe, Luke Malaba published a notice, in June 2023, in the gazette announcing the appointment of 35 judges to handle electoral disputes in the country. The judges will form the Electoral Court Division of the High Court and will serve from 1 June to 31 December 2023. The appointed judges are Justices. The appointed judges follow:

1. Judge President Maria Dube,
2. Garainesu Mawadze,
3. Happias Zhou,
4. Joseph Mafusire,
5. David Mangota,
6. Maxwell Takuva,
7. Amy Tsanga,
8. Nokuthula Moyo,
9. Esther Muremba,
10. Davison Moses Foroma,
11. Tawanda Chitapi,
12. Nyaradzo Munangati-Manongwa,
13. Phildah Muzofa,
14. Isaac Muzenda,
15. Neville Wamambo,
16. Sylvia Chirawu-Mugomba,
17. Benjamin Chikowero,
18. Pisirai Kwenda,
19. Jacob Manzunzu,
20. Evangelista Kabasa,
21. Christopher Dube-Banda,
22. Siyabona Musithu,
23. Sunsley Zisengwe,
24. Webster Chinamora,
25. Gladys Mhuri,
26. Emilia Muchawa,
27. Fatima Maxwell,
28. Rodgers Manyangadze,
29. Joseph Chilimbe,
30. Cathrine Bachi-Muzawazi,
31. Bongani Ndlovu,
32. Samuel Deme,
33. Munamato Mutevedzi,
34. Never Katiyo
35. Lucie-Annie Mungwari. ^[11]

=

References