Chief Justice Luke Malaba is back at work following the noting of appeal by the Government challenging the High Court decision nullifying the extension of his tenure.
Justice, Legal and Parliamentary Affairs Minister Ziyambi Ziyambi and Attorney General Advocate Prince Machaya last week separately filed their notices of appeal against an urgent High Court judgment made on May 15.
They are challenging the High Court decision to annul the extension of Justice Malaba’s service beyond the age of 70 on the grounds that the recent Constitutional Amendment allowing judges, including the Chief Justice, the option of serving to 75 could not include sitting judges of the Constitutional and Supreme Courts but did include sitting judges of the High Court.
The noting of an appeal to the Supreme Court effectively suspends the order of the High Court paving way for Chief Justice Malaba to be back in the revered judicial office by operation of law.
This also means that Deputy Chief Justice Elizabeth Gwaunza who had assumed the position of acting Chief Justice reverts to her position as Chief Justice Malaba’s deputy.
In an interview yesterday, Judicial Service Commission Secretary Mr Walter Chikwanha confirmed that Chief Justice Malaba was back at work and executing his judicial functions.
“Chief Justice Malaba has always been at work since the day the Government filed a notice of appeal against the decision of the High Court,” he said.