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Harare High Court
Musa Kika v Minister of Justice, Legal & Parliamentary Affairs & Ors; Young Lawyers Association of Zimbabwe & Anor v Judicial Service Commission & Ors
HH 264-21
Case Details
Court
Harare High Court
Date
15 May 2021
Citation
HH 264-21
Neutral Citation
[2021] ZWHH 264
Outcome
unknown
Case Type
Urgent Application
Bench
Presiding
Zhou J
Full Bench
Zhou JCharewa JMushore J
Areas of Law
Constitutional LawAdministrative LawJudicial Review
Keywords
section 186 Constitutionsection 328 Constitutionterm limitsretirement ageChief JusticeConstitutional Court judgesSupreme Court judges
Tags
constitutional amendmentjudicial tenureretirement ageseparation of powers
legislation
Statutes Cited
- Constitution of Zimbabwe, 2013
- Constitution of Zimbabwe, 2013
- Constitution of Zimbabwe, 2013
- Constitution of Zimbabwe, 2013
- Constitution of Zimbabwe, 2013
- Constitution of Zimbabwe, 2013
- Constitution of Zimbabwe, 2013
- Constitution of Zimbabwe, 2013
- Constitution of Zimbabwe, 2013
- Constitution of Zimbabwe, 2013
- Constitution of Zimbabwe, 2013
- Constitution of Zimbabwe, 2013
- Constitution of Zimbabwe, 2013
- Constitution of Zimbabwe, 2013
- High Court Act
- High Court Rules, 1971
- High Court Rules, 1971
- Constitution of Zimbabwe Amendment (No.2) Act, 2021
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether section 186 of the Constitution as amended is a term-limit provision caught by section 328(7)","issue_type":"constitutional","dispositive":"yes","related_facts":"Extension of retirement age from 70 to 75 years"}
- {"issue_text":"Whether incumbent judges can benefit from the amended retirement age provisions","issue_type":"constitutional","dispositive":"yes","related_facts":"Chief Justice Malaba was in office when amendment passed"}
- {"issue_text":"Whether the applications were urgent and properly before the court","issue_type":"procedural","dispositive":"no","related_facts":"Various preliminary objections raised"}
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background
Facts of the Case
Background
Two urgent applications challenged the constitutionality of extending the retirement age of judges from 70 to 75 years under Constitutional Amendment No.2 of 2021, particularly affecting Chief Justice Luke Malaba who turned 70 on 15 May 2021. The applicants argued this violated constitutional term-limit provisions.
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