MARTIN MAWAYA
HARARE – Chief Justice Luke Malaba will retire on May 15, 2026, with his last working day set for midnight on May 14, the Judicial Service Commission (JSC) has confirmed.
In a statement issued on Saturday, the JSC said Malaba’s retirement is in line with Section 186(1) of the Constitution, which requires judges to retire at 70 unless they elect to extend their tenure by up to five years.
Malaba exercised that option five years ago upon reaching the mandatory retirement age.
The commission said it is organising a series of activities to mark Malaba’s retirement, including a special sitting of the court in his honour on May 14, followed by a dinner to recognise his service to the nation spanning four decades as a magistrate, judge, judge of appeal and chief justice.
Invitations will be extended to colleagues and key constitutional bodies, including the Executive and Legislature, with regional and international colleagues also expected to attend, the JSC said.
The commission also moved to correct what it described as inaccurate media reports suggesting Malaba was required to proceed on pre-retirement leave and had “refused”.
“The law imposes no legal obligation on the Chief Justice to proceed on pre-retirement leave,” the JSC said, adding that the decision to take such leave is discretionary, not mandatory.
Characterising the lawful exercise of discretion as a “refusal”, it said, was erroneous and created a false impression of impropriety.
The JSC further dismissed claims that no preparations were being made for the transition, saying legal provisions clearly outline procedures to be followed upon the retirement of a chief justice and that these would be implemented in accordance with established judicial practice.
