Chief Justice Malaba
We commend the decision to uphold the supremacy of the Constitution and reiterate our unparalleled position against amending the Constitution imposing retrogressive clauses that not only undermine our constitutional democracy but defeat the principles of meritocracy and separation of powers guaranteed by the Constitution.
As CiZC we view the appointment of the Chief Justice as a move in defense of the Constitution and judicial independence in Zimbabwe.
As Crisis in Zimbabwe Coalition we take this opportunity to reassert our opposition to the Constitutional Amendment Bill No. 1 of 2016 which seeks to change the appointment procedure of the Chief Justice, deputy Chief Justice and the Judge President of the High Court. In our view the proposal to amend section 180 of the Zimbabwe Constitution of 2013 will bestow executive authority in the Presidency in the appointment of the Chief Justice, deputy Chief Justice and the Judge President of the High Court.
We are of the view that the amendment to the Constitution seeks to introduce excessive executive powers to the presidency and defeats the gains secured through the enactment of the Constitution on the principle of separation of powers.
The appointment of the Chief Justice applying Section 180 of the Constitution signifies a defeat of the legacy of the Lancaster House Constitution amended 20 times.
We wish to implore the legislature and the Executive to abandon at once plans to amend the Constitution and appoint the deputy Chief Justice. We also encourage all Zimbabweans to celebrate the victory of constitutionalism against wicked will.
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