What will Mugabe do now after this, will he play “a Gubbay” again?

Staff Reporter| After receiving pressure from legal experts and analysts, President Robert Mugabe yesterday decided to give into the winds of change and appoint Justice Luke Malaba the new Chief Justice. Before yesterday, Mugabe and his successor in the wait, Emmerson Mnangagwa had been fighting judges attempting to disregard the interview process for the top job which saw Malaba win. But history was made when the President finally chose to bow to the wind of change and appoint Malaba who scored highest in the interviews. ALSO READ – Mnangagwa Didn’t Want a Ndebele Chief Justice.

Many Zimbabweans have wondered why the President’s office had been at loggerheads with judges over the appointment of another Chief Justice.

This is all because whoever becomes Chief Justice will rule Zimbabwe. A solicitor writing in the ZimEye newsroom last year said, “the events surrounding the appointment of the CJ are most worrying. We have a fairly new Constitution that was made through some outreach programme. The CJ’s position is important because he/she is the head of the Judiciary both administratively and judicially. That’s the reason why the independence of the CJ should be safeguarded. The reason to seek to have the CJ appointed by the President is probably calculated to ensure that the CJ knows where the allegiance should be. It may also be because it is anticipated that there will be tricky electoral litigation come 2018. It’s a shameless attack on the independence of the Judiciary. It’s senseless”. READ MORE

Presidential spokesperson Mr George Charamba confirmed the appointment last night.

Deputy Chief Justice Malaba had been Acting Chief Justice since March 1 following the retirement of Justice Godfrey Chidyausiku.

Malaba takes over office from last night. Below is a history of Zimbabwe’s CJs since 1980.

2017 to current – Luke Malaba, a Ndebele who is known for opposing the verdict granting Robert Mugabe powers to hold the 2013 “NIKUV” elections, was appointed boss yesterday.

2001 to 2017 – Godfrey Chidyausiku (A former minister in Mugabe’s cabinet, and a chief Mugabe propagandist who later on attempted staying on beyond the legal age of 70. He was blocked from his attempts and forced to retire this year.)

1990 to 2001 – Anthony Gubbay (a Jewish Zimbabwean, who was fired by Mugabe as punishement for ruling Mugabe’s violent land reform program unlawful)

1984 to 1990 – Enoch Dumbutshena, Zimbabwe’s first black judge in 1980 and served as Chief Justice from 1984 to 1990

1980 to 1984 – John Fieldsend, a British lawyer, the first Chief Justice of Zimbabwe. He was appointed for a fixed term and assumed office on 1 July 1980. Born in England, Sir John (as he later became) was brought up in Southern Rhodesia. After graduating in law he practised as an advocate in Bulawayo. In 1962 he was appointed a judge of the High Court, but resigned in 1968 in protest against the decision of the Appellate Court to grant judicial recognition to the government of former premier, Ian Smith.