The Ministry of Justice, Legal and Parliamentary Affairs has backed down from its abrasive stance with regards to the High Court ruling that nullified the extension of the term of office of the Chief Justice Luke Malaba.
Minister Ziyambi Ziyambi had earlier accused the country’s judiciary of being ‘captured’ by foreign forces seeking to destabilize the government after the High Court ruled it was illegal to extend the tenure of the chief justice by five more years.
In a statement, through the Ministry’s Permanent Secretary Virginia Mabhiza, Government says it respects the judgment though they do agree.
“The Government of Zimbabwe has studied the judgment of the High Court of Zimbabwe handed down on 15 May 2021 in the matters of Kika v Minister of Justice Legal and Parliamentary Affairs & Ors HC2128/21 and young Lawyers Association of Zimbabwe & Anor v The Judicial Service Commission & Ors HC2166/21.
“The Government of Zimbabwe strongly believes in the independence of the judiciary and respects the principles of the separation of powers as set out in the Constitution of Zimbabwe. The Government of Zimbabwe, therefore, recognises the importance of the judiciary as a dependable interpreter of the law where various opinions may arise,” said Mabhiza.
She said the Government will appeal the decision and that the judiciary structures remain in place.
“The Government of Zimbabwe, having given its full consideration to the judgment of the High Court in the above-referenced matter, holds, with respect, a different view and is unable, for many reasons to agree with the judgment of the Honourable Court in that matter. It has therefore taken measures to have the judgment set aside in accordance with the law. The Government of Zimbabwe will implement all the necessary processes triggered by the noting of an appeal against the judgment.
“The Government of Zimbabwe, therefore, wishes to assure the public that it has referred the resolution of the matter to the courts and awaits their final decision. Further, the authority of the judiciary and all its respective offices and structure remains in place with the courts fully functional in discharging their constitutional mandate,” she said.
