I have been forced as a layman to comment on Justice Malaba's Saga. Yes, it is a saga where half baked lawyers and the perennial paid political activists have head a field day trying to sell a dead horse to the people of Zimbabwe. The High Court has literally told us that CJ Malaba was fired. Where on this round Earth has that ever happened? The High Court can not fire the Chief Justice!!! It has neither the authority nor the right!!
THE ANALOGY TO THE SAGA
My point as a layman and a citizen of this country is explained here figuratively, of course. If an employee of a shop is caught stealing. The police are called in and he is arrested,.The thief is sent to a competent court of law, where he will be tried and sentenced. Now here is the catch, he will be found guilty and sentenced to a suspended sentence (because he only stole a sweet!). Will he go back to work...it is the employer who will decide to fire him or accept him back. Do you see why the court can not fire the person?
SEPARATION OF FUNCTIONS
Now let me go back to parliament which the learned people call the Legislature. This is where the law that enabled the Executive to extend the Chief Justice term of office, was passed. It is the parliament right to pass the laws of this country. The High Court which is part of the Judiciary can not sit and vote on any bill in Parliament. The very act of the Judiciary trying to override the Legislature is unethical and unconstitutional.
CONFUSION OF THE FUNCTIONS
The Judiciary has not only tried to upend the Constitution of Zimbabwe but is acting like the Executive. The mechanics of implementing the law lies with the Executive.
The Judiciary is responsible for the interpretation of the law. This separation of duties between the three arms of Government is well known even by us laymen. So why do we have lawyers acting like village or township idiots!!
These crazy lawyers will not want us all to know is that the High Court set as a court of first instance on this constitutional matter. The judgement is not binding and hence the judiciary can not force either Parliament to repeal the amendment or cause the Executive to fire the Chief Justice. The final arbiter in this matter is the Constitutional Court.
IMPLEMENTATION OF THE LAW
Final I would like all Zimbabweans to accept that we have a functioning and competent institution in the Executive and Legislature. The separation of functions is important for a government to function. No one arm of government should interfere with the functions of another arm.
Here is the catch. The High Court can not fire CJ Malaba. The High court can not appoint a new CJ.
It is the sole responsibility of the Executive to hire and fire the CJ. The Executive must implement the laws of the country without fear or favour.
Let us go to Concourt!!!!
