Chief Justice Luke Malaba will retire from his positions as Judge and Chief Justice on May 15 this year, the Judicial Service Commission (JSC) announced yesterday.
In a statement, the JSC said Chief Justice Malaba’s last working day will be on the midnight of 14 May and various activities will be organised to commemorate his retirement.
“On the 14th of May, there will be a special sitting of the court held in honour of the Honourable Chief Justice,” said the JSC. “On the same day, a dinner will be held to acknowledge and celebrate the services rendered by the Chief Justice to the nation as a Magistrate, Judge, Judge of Appeal and Chief Justice over a cumulative period of four decades.
“We will be extending invitations to colleagues and key constitutional bodies, including the Executive, Legislature and other institutions within the justice sector. We also expect the dinner to be attended by the Chief Justice’s colleagues from the region and beyond.”
The retirement of Chief Justice Malaba is in accordance with Section 186(1) of the Constitution of Zimbabwe, which provides that the Chief Justice holds office from the date of their assumption of office until they reach the age of 70, at which point they must retire unless, before attaining that age, they elect to continue in office for an additional five years.
Five years ago, upon reaching the age of 70, Chief Justice Malaba elected to extend his tenure by an additional five years under the constitutional provision.
The JSC condemned statements from certain sections of the media suggesting that Chief Justice Malaba was required to go on leave pending retirement and had “refused” to do so.
“This is a misrepresentation of both the law and the facts,” said the JSC. “We wish to clarify that there is no legal obligation for the Chief Justice to proceed on pre-retirement leave.
“The decision to take leave is discretionary, not mandatory. Characterising the exercise of a lawful discretion as a “refusal” is therefore erroneous and creates a false impression of impropriety.”
The JSC said it was also inaccurate to suggest that no preparations were being made for the transition.
“The relevant legal provisions clearly outline the procedures to be followed when the Chief Justice retires and these will be executed in accordance with the law and established judicial practice,” said the commission.
“The public is entitled to accurate reporting, particularly on matters concerning the Judiciary. We, therefore, urge the newspaper in question to correct the record and publish this clarification in the interests of fairness and responsible journalism.”
Chief Justice Malaba has been the Chief Justice of the Republic of Zimbabwe since 27 March 2017.
As the Chief Justice, he is the head of the Judiciary, including the Magistrates’ Courts, Chairperson of the Judicial Service Commission and Council of the Judicial College.
Before assuming this position, Chief Justice Malaba was the first Deputy Chief Justice of Zimbabwe, a position he held from 2008 to 2017.
He has held letters of law for 44 years, practised for 34 years and has been registered as a legal practitioner for 25 years.
He has been a judicial officer for 41 years and has risen through the ranks from being a prosecutor (1981-1984), a Magistrate (1984-1994), a Judge of the High Court of Zimbabwe (1994-2001), Judge of Appeal (2001-2008), Deputy Chief Justice (2008-2017) to being the Chief Justice of the Republic of Zimbabwe (2017 to date).
During the time he was Judge of Appeal and the Deputy Chief Justice, Chief Justice Malaba was also a Judge of the COMESA Court of Justice for more than a decade (2005-2016).
He is an accomplished human rights defender who has taken advantage of his judicial posting by delivering judgments that protect the fundamental human rights of the vulnerable including women, children and persons with disabilities.
Since his appointment as the Chief Justice, he has led the judiciary and the JSC in taking deliberate steps meant to enhance access to justice for the people of Zimbabwe.
To achieve that, he led the construction of courthouses in various parts of the country, simplified court rules so that they are easily understood by ordinary persons and increased the number of judicial officers both in the magistracy and superior courts.
Under his stewardship, the courts in Zimbabwe are moving towards digitisation through the Integrated Electronic Case Management System (IECMS).
The first phase of the IECMS was launched on 1 May 2022 at the Constitutional Court, Supreme Court and the Commercial Division of the High Court.
In July 2025, under his leadership, the JSC launched the IECMS in the magistrates courts. This phase marks the final stage of the digitisation of Zimbabwe’s courts.
An experienced and passionate trainer, Chief Justice Malaba has participated in various training programmes both in the country and the region.
He contributed significantly to collaboration in the continental judicial space through Zimbabwe’s hosting of the 7th Congress of the Conference of Constitutional Jurisdictions of Africa (CJCA) and the African Electoral Justice Network (AEJN).
He is the current President of the CJCA, serving from 2024 to 2026.
Chief Justice Malaba established the Judicial Training Institute of Zimbabwe, whose sole mandate is to develop human capital through training of judicial and non-judicial staff of the JSC.
He received his law degree from the University of Warwick in 1974 and another law degree from the University of Zimbabwe in 1982.
