The court ruling follows President Emmerson Mnangagwa’s extension of the chief justice’s term of office by five years.
The court was emphatic in describing the extension as illegal.
Reports say a group of lawyers had challenged the move which followed a recent constitutional amendment passed by parliament that raised the retirement age of senior judges from 70 to 75.
Delivering the court’s verdict on the matter, the judges ruled that Luke Malaba, who turned 70 on Saturday, had ceased to be chief justice as any constitutional amendment needed to be put to a referendum.
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It is further reported that Justice Malaba suffered a lot of criticism after he dismissed an opposition petition in 2018 which had sought to annul the election of President Emmerson Mnangagwa – alleging the vote had been marred by “mammoth theft and fraud”.
The 2018 election was Zimbabwe’s first election following the 40-year rule of the late Robert Mugabe.
According to the recent constitutional amendments, president Mnangagwa has the power to appoint senior judges without being vetted by parliament.
He is also allowed to remove the requirement for a running mate in presidential elections.