Urgent Application - Amendment II subverted the position in the original section of the Constitution of Zimbabwe, 2013

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Whereupon after reading documents filed of record and hearing Counsel

IT IS DECLARED THAT:

  1. In accordance with provisions of sections 186(1) (a) and 186(2) (of the Constitution of Zimbabwe 2013) in their original form and notwithstanding provisions of Constitutional amendment number 2, second to seventeenth respondents hold office until they reach the age of seventy years, whereupon they must by operation of law retire.
  2. The attempt to subvert the position encapsulated in the "original" section 186(1)(a) and 186(2) of the Constitution of Zimbabwe, 2013 is contrary to law and therefore in breach of applicant’s right to the protection of the law as set out in section 56(1) of the Constitution of Zimbabwe, 2013.
  3. LUKE MALABA must or did at midnight on 15 May 2021 cease to hold the office of CHIEF JUSTICE OF ZIMBABWE.
  4. Any action conduct or deed of LUKE MALABA post the 15th of May 2021 purportedly as the CHIEF JUSTICE OF ZIMBABWE is null and void and of no effect.
  5. In accordance with provisions of section 181 of the Constitution of Zimbabwe, 2013, with effect from midnight on the 15th of May 2021, ELIZABETH GWAUNZA became/becomes the ACTING CHIEF JUSTICE OF ZIMBABWE until such a time as a substantive CHIEF JUSTICE OF ZIMBABWE is appointed.
  6. In accordance with provisions of section 181 of the Constitution of Zimbabwe, 2013, with effect from midnight on the 15th of May 2021, PADDINGTON GARWE became/becomes the ACTING DEPUTY CHIEF JUSTICE OF ZIMBABWE until such a time as a substantive DEPUTY CHIEF JUSTICE OF ZIMBABWE is appointed.
  7. There shall be no order as to costs

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