By Cde Patriot Sunungura
This week, on 14 May 2026, Chief Justice Luke Malaba will finally leave his post as the ‘Thief Justice’.
Yes, true patriots, you got it right, “Thief Justice!”
A ‘judge of the Second Republic’, Cde Malaba was appointed Chief Justice by President Robert Mugabe on 27 March 2017, a few months before a coup that ushered in the reign of terror under President Emmerson Mnangagwa.
In his 10-year reign at the helm of the country’s judiciary, “Thief Justice” Malaba presided over a judicial system that stole away the culture of constitutionalism in Zimbabwe.
The story begins in November-December 2017, when the judiciary under Cde Malaba made two distinct court rulings: firstly, declaring the dismissal of Cde Ruka Chivende as Vice President a nullity and, secondly, upholding the resignation of Robert Mugabe as president.m
It was at that point that the Executive of the coup government, later christened the Second Republic, went into bed with the Judiciary, and the principle of separation of powers was consigned to the dungeons of Precabe Farm.
From that moment till today, in keeping with the marriage vows of 2017, the judiciary under “Thief Justice” Malaba has been dancing to President Mnangagwa and ZANU PF’s tune.
Remember the V11s court case!
A few months after the coup judgements, Cde Malaba presided over the opposition’s court challenge disputing the outcome of the 2018 general elections at the Constitutional Court.
Keeping up with the 2017 marriage vows, the Concourt under “Thief Justice” Malaba threw away the opposition’s “fulcrum” court challenge for lack of V11s.
Cde Ruka Chivende got his first term amid condemnation and accusations of vote rigging by local and international observers.
A year later, in 2019, a shocking decision that would change the face of our Constitution was made by the Second Republic.
One good turn deserves another, and it was now Trabablas’ turn to return a favour to Cde Malaba.
Renewing the 2017 marriage vows, the Second Republic amended the Constitution to extend the retirement age of judges from 70 to 75 years.
Overtly, the plan was to give “the judge of the Second Republic” a new lease on life to aid Trabablas in maintaining power.
From then on, arbitrary arrests, denial of bail, and prolonged pre-trial detentions for opposition members became the pattern.
From Job Sikhala to Makomborero Haruzivishe, Obert Masaraure to Emmanuel Sitimah and Takunda Mhuka, the courts became a tool in the hands of ZANU PF to persecute opposition members and civil society through prosecution.
Even the likes of Sengezo Tshabangu were empowered by the courts under “Thief Justice” Malaba to recall elected people’s representatives from councils and Parliament.
Farewell to the legend of pre-trial detentions, the judge of the Second Republic, “Thief Justice” Luke Malaba!
