ZANU PF Director of Information and Publicity, Tafadzwa Mugwadi has said celebrations over the ouster of Chief Justice Luke Malaba are premature as the High Court ruling might be overturned if appealed at the Constitutional Court.
The High Court ruling on a challenge to the extension of Malaba’s term of office said the Chief Justice had ceased to be the leader of the Judiciary when he attained 70 years.
Mugwadi speaks when social media is awash with celebratory messages with some suggesting that the historic High Court ruling was the people’s victory against “an abusive” government. Mugwadi said:
_What so-called learned advocates will not want you all to know is that the High Court set as a court of the first instance on this constitutional matter but certainly, its judgements are not binding on the High Court itself._
_The final arbiter is the Concourt which is why an appeal is imminent. The Concourt’s position will be final. Ironically, those celebrating the High Court ruling have refused to be bound by the Concourt decision of 2018 & attacked it with impunity & still remain stuck to the matters it resolved._
_The same people want to school you & me on how court rulings should be respected when they can’t respect the apex court ruling. This is at best ignorant dishonesty._
_Hold your guns. It’s not Christmas time yet. Ask my lecturer Professor Lovemore Madhuku, this is a basic law position. A match lasts 90 minutes. Only 15 minutes played so far._
Mugwadi echoes sentiments by former deputy Prime Minister (GNU era) Arthur Mutambara who said the matter was far from over. Mutambara said:
_The Next Step the Legal Struggle. The HC case was narrow. What was addressed was whether Malaba can benefit from the Amend (No. 2) Act. The HC said NO. The amendment itself has not yet been challenged. That is the next step in the Fightback: Challenge the Legality of the Act._
In response, MDC Alliance Vice President, Tendai Biti who is one of the lawyers who challenged the extension of Malaba’s tenure just said “Pfavai VaMutambara [Clam down Mr Mutambara])