JUST IN: /, will finally retire from office on 15 May 2026, closing a controversial chapter in the country’s judiciary that has been deeply intertwined with high-stakes political disputes, including the landmark 2018 presidential election challenge.
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In a press statement dated 17 January 2026, the Judicial Service Commission (JSC) confirmed that Justice Malaba’s last working day will be midnight on 14 May 2026, in line with Section 186(1) of the Constitution, which caps judicial service at 70 years unless a judge elects to extend their tenure by a further five years. Justice Malaba exercised that option five years ago, a move that itself sparked legal and political controversy. CJ’s retirementThe JSC said it is organising a special sitting of the court and a formal dinner on 14 May to honour Malaba’s four decades of service as a magistrate, High Court judge, Judge of Appeal and Chief Justice. Invitations will be extended to the Executive, Legislature and other constitutional bodies, as well as judges from the region and beyond. CJ’s retirement
The Commission also pushed back against media reports suggesting that Malaba had refused to go on pre-retirement leave, stressing that such leave is discretionary, not mandatory, and that portraying the exercise of that discretion as misconduct was misleading. It further insisted that preparations for the transition are proceeding in line with the law and established judicial practice. CJ’s retirement
While officially celebrated for longevity and institutional memory, Justice Malaba’s time at the apex of the judiciary has been persistently dogged by accusations of political partisanship and judicial capture.
The most consequential moment came in 2018, when opposition leader Nelson Chamisa challenged the presidential election results that handed victory to President Emmerson Mnangagwa. The petition was heard by the Constitutional Court of Zimbabwe, then led by Malaba.
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In a unanimous ruling, the court dismissed Chamisa’s challenge, affirming Mnangagwa’s win. The judgment was widely criticised by legal scholars, civil society and the opposition for imposing an unusually high
evidentiary burden on the petitioner and for failing, critics argued, to meaningfully interrogate allegations of electoral irregularities. The decision cemented perceptions that the apex court had aligned itself with the executive at a critical democratic moment.Those perceptions deepened in 2021, when Malaba’s tenure was controversially extended beyond the age of 70 through a constitutional amendment passed after he had already assumed office as Chief Justice. Although the government argued the amendment applied generally and lawfully, critics said it was tailor-made to keep Malaba in office and undermine judicial independence. A legal challenge against the extension was ultimately unsuccessful, allowing him to remain at the helm.
Under Malaba’s leadership, the judiciary has also been criticised for rulings seen as favouring the state in politically sensitive cases, including opposition recalls, election disputes and high-profile property and land matters. Detractors argue that these judgments entrenched executive dominance and eroded public confidence in the courts.
Malaba’s retirement now brings to an end one of the most polarising chief justiceships in Zimbabwe’s post-independence history. For his supporters, he provided continuity and administrative stability in a difficult period. For his critics, he symbolised the subordination of the judiciary to political power.
As the JSC prepares for his exit and the appointment of a successor, attention is shifting to whether Zimbabwe’s courts can rebuild credibility and assert greater independence in a political environment where judicial decisions often carry profound national consequences.
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Justice Malaba leaves office with his legacy sharply contested—celebrated in official statements, but deeply questioned in the court of public opinion.
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