Chief Justice Luke Malaba to retire in May 2026, JSC confirms

ZIMSPHERE

HARARE – Chief Justice Luke Malaba will retire from office on 15 May 2026 in line with the Constitution, the Judicial Service Commission (JSC) has confirmed, bringing clarity to weeks of speculation over whether he intended to remain in the post.

In a press statement dated 17 January 2026, the JSC said Malaba’s last working day will be midnight on 14 May 2026, after which he will formally step down as Judge and Chief Justice of Zimbabwe.

“The Judicial Service Commission confirms that the Chief Justice of the Republic of Zimbabwe, Honourable Mr Luke Malaba, will be retiring from his positions as Judge and Chief Justice on the 15th of May 2026. His last working day will be at midnight on the 14th of May 2026,” the commission said.

The JSC explained that Malaba’s retirement is in accordance with Section 186(1) of the Constitution, which provides that the Chief Justice holds office until the age of 70, unless they elect, before attaining that age, to continue in office for an additional five years.

“Five years ago, upon reaching the age of 70, the Chief Justice elected to extend his tenure by an additional five years under the aforementioned provision,” the statement said.

Malaba turns 75 on 15 May. His continued stay in office beyond 70 followed a 2021 constitutional amendment by the ruling ZANU PF party, which raised the retirement age and allowed him to remain in office at the time. That background had fuelled public concern that he might again seek to stay on, particularly amid current political debate around proposed constitutional changes affecting presidential term limits.

Last week, Malaba presided over the official opening of the 2026 legal year, further intensifying speculation about his intentions. Media reports had also suggested he was preparing for life after office, including approaching the JSC for working space in Bulawayo, described by insiders as an “office of the retired Chief Justice,” and carrying out renovations at his Kumalo home. The need for a state-funded office after retirement has, however, remained unclear.

In its statement, the JSC dismissed reports suggesting Malaba had been required to go on pre-retirement leave or had refused to do so.

“The JSC expresses its concern over statements from certain sections of the media suggesting that the Chief Justice was required to go on leave pending retirement and has ‘refused’,” the commission said. 

“This is a misrepresentation of both the law and the facts. We wish to clarify that there is no legal obligation for the Chief Justice to proceed on pre-retirement leave. The decision to take leave is discretionary, not mandatory.”

The commission added that portraying the exercise of that discretion as a refusal was “erroneous and creates a false impression of impropriety.”

The JSC also rejected claims that no preparations were being made for the transition, saying the relevant legal provisions clearly outline the procedures to be followed when a Chief Justice retires and that these would be implemented accordingly.

To mark Malaba’s departure, the commission said it is organising a series of retirement activities. On 14 May, there will be a special court sitting in his honour, followed by a dinner to celebrate his service to the nation as a magistrate, judge, judge of appeal and Chief Justice over a cumulative period of four decades.

“We will be extending invitations to colleagues and key constitutional bodies, including the Executive, Legislature, and other institutions within the justice sector,” the JSC said, adding that colleagues from the region and beyond are also expected to attend.

The commission urged the media to report accurately on matters concerning the judiciary and called on publications that carried incorrect reports to correct the record “in the interests of fairness and responsible journalism.”