ConCourt Rules On Recusal Of Judges From Malaba Case
The Constitutional Court has dismissed a bid by lawyer Musa Kika to have judges removed from the case of Chief Justice Luke Malaba.
Kika had filed an application seeking the recusal of judges set to preside over a case where a Zanu PF activist, Marx Mupungu wants the Constitutional Court to overturn a High Court ruling that nullified the extension of Malaba’s term of office.
Kika had argued that the18 judges from the ConCourt and Supreme Court should recuse themselves from hearing Mupungu’s application.
Deputy Chief Justice Elizabeth Gwaunza presided over the proceedings that were televised on national TV (ZBC) on Wednesday.
The Constitutional Court bench threw out Kika’s application, and the reasons for dismissal will be made available in their full judgment.
Thembinkosi Magwaliba, who was representing the judges cited as respondents in the application, said:
The application for recusal was dismissed. The reasons will be supplied as part of the main judgment.
Lovemore Madhuku, representing Mupunga told journalists the application brought to court by Mupungu will now be heard at the ConCourt Friday before the same judges.
Now we will be going into the merits of the main application.
The case was triggered by President Emmerson Mnangagwa’s extension of Malaba’s term of office on 15 May relying on a controversial constitutional amendment that extended the retirement age for judges to 75.
However, the matter was successfully challenged by Kika as well as the young lawyers and war veteran, Fredrick Matanda.
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