The Financial Gazette

Clemence Manyukwe, Political Editor

CHIEF Justice Godfrey Chidyausiku has reached retirement age although he has an option to get a five-year extension if he produces a medical report confirming that he is mentally and physically fit to continue on the bench, The Financial Gazette can exclusively reveal.
At law, Zimbabwean judges are required to retire at the age of 65, but the threshold can be extended to 70 years provided that the President, after consultation with the Judicial Services Commission (JSC), accepts a medical report confirming that the judge is fit to continue for five more years.
The most recent example is that of former Supreme Court judge, Wilson Sandura, who retired in July last year at the age of 70, marking the close of a long and admirable career spanning over 28 years.
The Chief Justice, whom records show was born in 1947, reaches 65 years this year.
The acting secretary of the JSC, Rex Shana, this week refused to comment on the matter.
“I think that question is unfair. This is an employment contract and it’s personal. That’s a matter between himself (Chidyausiku) and the President. What I can say is that the Constitution says he can elect to do an extra five years,” said Shana.
The Chief Justice could not be reached immediately.
However, should he elect to retire at 70, he would be following in the footsteps of Sandura.
Section 86 (1) of the country’s Constitution lays down procedures to do with the tenure of judges.
It says “subject to the provisions of Section 87, a judge of the Supreme Court or the High Court shall retire when he/she attains the age of 65 unless, before he/she attains that age, he/she has elected to retire on attaining the age of 70 years: Provided that (a) an election under this subsection shall be subject to the submission to, and acceptance by the President, after consultation with the JSC, of a medical report as to the mental and physical fitness of the judge so to continue in office; (b) provisions of this subsection shall not apply to an acting judge or a judge who has been appointed for a fixed period of office,” reads the section dealing with the tenure of judges.
Section 87 of the Constitution provides that an extension of the term can be denied due to “infirmity of body or mind or any other cause, or for misbehaviour.”
Justice Chidyausiku was appointed as the country’s chief justice in 2001, taking over from retired chief justice Anthony Gubbay who was forced out of the bench at a time the government was accused of launching a purge against white judges.
Before occupying the top post, Justice Chidyausiku had since independence in 1980 served in different capacities that include first as a ZANU-PF lawmaker, Deputy Minister of Local Government and Housing, Attorney-General and then a judge.
In a leaked United States diplomatic cable, justice Sandura criticised Chidyausiku as “more of a politician than a judge”.