ConCourt judges started hearing an application by Zanu PF
activist Marx Mupungu, who wants a May High Court ruling that said Malaba
ceased to be Chief Justice after reaching the previous retirement threshold of
70 years reversed.
Information secretary Ndavaningi Mangwana offered a running
commentary on Twitter of the hearing that was broadcast live on ZBC-TV and
streamed live on the State broadcaster’s social media platforms.
Mangwana tweeted: “I am keenly following the Malaba case at
the ConCourt. There is no doubt that this country now faces a lawfare. “Those
fighting this country have taken their battle to the Judiciary arena.”
Presidential spokesperson George Charamba responded to the
tweet and declared that those behind the alleged lawfare would not win.
Lawfare describes the use of law as a weapon of war. Mangwana
was challenged by his followers to explain if he meant that Zimbabweans that
were not happy with the decisions of the Executive had no right to approach the
courts.
“Yes, they have the right to approach the courts for
recourse,” he responded. “But to try to paralyse the Judiciary so as to create
a so-called constitutional crisis is both cynical and mischievous.”
True to Charamba’s vow, the ConCourt dismissed the
application by Zimbabwe Lawyers of Human Rights NGO Forum executive director
Musa Kika to have judges recuse themselves from the matter.
The ConCourt judges, led by Deputy Chief Justice Elizabeth
Gwaunza, did not give reasons for the dismissal.
Advocate Thembinkosi Magwaliba, who was representing the
judges after they were cited as respondents, said reasons would be given later
in the full judgment.
Following the dismissal of Kika’s application, Mupungu’s
case in which he is seeking non-confirmation of the High Court ruling, which is
against Malaba’s extended tenure, will now be heard on Friday.
Kika had cited 18 judges in his latest application seeking
their recusal from presiding over the matter.
The same judges were also cited as respondents in his first
application in which he challenged the extension of Malaba’s tenure.
In his application, Kika argued that the High Court ruling
handed down on May 15, 2021 by a three-member panel affected the same judges
who were set to make a determination on Mupungu’s application at the ConCourt.
Kika, represented by lawyer Eric Matinenga, filed his
application a day before Mupungu’s case was set to be heard.
But Malaba’s lawyer, Magwaliba, argued that Kika cited all
the judges of the ConCourt in bad faith to disable the court and pleaded with
the court to dismiss the application. Newsday
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