Chief Justice Luke Malaba To Retire In May 2026, JSC Denies Allegations He Is Refusing To Go- iHarare News

The Judicial Service Commission (JSC) has confirmed that Chief Justice Luke Malaba will retire from office on May 15 this year. In a strongly-worded statement, the commission simultaneously dismissed media reports alleging that the nation’s top judge is refusing to go on leave ahead of his impending exit.

The formal announcement ends months of speculation regarding the exact date for the conclusion of Malaba’s decades-long judicial career.

JSC Dismisses “Misrepresentation” Of The Law

In a media statement dated January 17, 2026, the JSC moved to clarify the legal position surrounding the Chief Justice’s departure. The commission confirmed that Malaba’s last working day will be midnight on May 14, 2026. The JSC stated:

“The Honourable Chief Justice will retire from office on 15 May 2026, in accordance with Section 186(1) of the Constitution of Zimbabwe. His last day of work will be on 14 May 2026.”

According to Zimlive, the statement took direct aim at recent media reports, widely understood to be from NewsDay, which suggested Malaba was required to take pre-retirement leave and was declining to do so. The JSC labelled this a “misrepresentation,” asserting:

“This is a misrepresentation of both the law and the facts. There is no legal requirement in Zimbabwe for a Judge to take leave prior to retirement. The decision to take leave is discretionary, not mandatory. Characterising the exercise of a lawful discretion as a ‘refusal’ is therefore erroneous and creates a false impression of impropriety.”

A Long And Controversial Tenure Nears Its End

Chief Justice Malaba, who first reached the constitutional retirement age of 70 in 2021, opted to continue in office following a controversial constitutional amendment. This amendment allowed judges to extend their tenure by up to five years. His current five-year extension expires in May 2026. The JSC emphasised that the transition process is underway, stating:

“It is also inaccurate to suggest that no preparations are being made for the transition. Preparations for the Honourable Chief Justice’s retirement and the attendant programmes are proceeding in accordance with the law and established judicial practice.”

A special sitting of the Constitutional Court will be held in his honour on May 14, followed by a formal dinner. The JSC outlined the event, noting it will celebrate “his distinguished service as a magistrate, Judge of the High Court, Judge of Appeal and Chief Justice of Zimbabwe.”

The search for his successor is now expected to begin in earnest, a process that will be closely watched for its legal and political implications. Malaba’s tenure has been marked by high-profile rulings on electoral disputes and constitutional matters, drawing both praise for judicial administration and criticism from opposition groups.