HARARE – The Judicial Service Commission (JSC) has confirmed that Chief Justice Luke Malaba will retire from office on May 15, 2026, while dismissing media reports that he is refusing to go on leave ahead of his retirement.
In a media statement dated January 17, the JSC said Malaba’s last working day will be midnight on May 14, bringing to an end a judicial career spanning more than four decades.
The commission said Malaba’s retirement is in line with Section 186(1) of the constitution, which requires judges to retire at the age of 70 unless they elect, before reaching that age, to continue in office for a single extension of up to five years.
Malaba first reached the constitutional retirement age in 2021 when he turned 70. At the time, the ruling Zanu PF party controversially amended the constitution to give judges the option to retire at 75, a move widely criticised by opposition parties and civil society groups who argued it was designed to keep him in office.
The JSC said Malaba opted to continue under the new constitutional mechanism allowing a five-year extension, which he elected to take upon reaching 70. That extension expires in May this year.
In unusually pointed language, the JSC took issue with reports suggesting that the Malaba was required to go on pre-retirement leave and had “refused” to do so.
“This is a misrepresentation of both the law and the facts,” the commission said, insisting that there is no legal obligation for the chief justice to go on leave ahead of retirement.
“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 statement said.
Although the JSC did not name the publication directly in the statement, it urged “the newspaper in question” to correct the record, a reference to NewsDay, which had reported that Malaba was declining to go on leave pending his retirement.
“It is also inaccurate to suggest that no preparations are being made for the transition,” the JSC said, adding that the process will be executed “in accordance with the law and established judicial practice” .
As part of the retirement programme, the JSC said a special sitting of the Constitutional Court will be held on May 14 in Malaba’s honour, followed by a dinner to celebrate his service as a magistrate, High Court judge, judge of appeal and Chief Justice.
The event is expected to be attended by senior figures from the executive and legislature, constitutional bodies, and members of the judiciary from the region and beyond.
Malaba’s tenure as chief justice has been one of the most controversial in Zimbabwe’s post-independence history. He presided over a number of politically sensitive cases, including constitutional challenges arising from disputed elections, which critics say often favoured the executive.
Supporters, however, credit him with administrative reforms within the judiciary and maintaining institutional stability during periods of intense political contestation.
With his retirement date now formally confirmed, attention is expected to turn to the process of appointing Zimbabwe’s next chief justice, a decision likely to carry significant legal and political implications.
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