Retired Chief Justice Luke Malaba rejects claims of judicial capture, urges formal complaints backed by evidence

Retired Chief Justice Luke Malaba rejects claims of judicial capture, urges formal complaints backed by evidence
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Retired Chief Justice Luke Malaba has defended Zimbabwe’s judiciary against recurring allegations of political interference and corruption, arguing that confidence in the courts is best strengthened through evidence-based complaints and action where misconduct is proven.

Malaba was speaking to journalists after his retirement ceremony on Thursday, where he said claims of judicial capture were not unique to Zimbabwe.

“It’s not a Zimbabwean issue,” Malaba said. “There is always this problem, and I think it’s natural.”

He said perceptions of interference are linked to the principle of separation of powers, which is designed to protect the judiciary from undue influence.

“You can never have a judiciary that is so independent as not to be perceived to be interfered with,” he said. “The important thing is to adopt measures that will address that and make people believe in the truth about the judiciary.”

Malaba acknowledged that some judicial officers have been removed for misconduct over the years, and said action is taken when evidence exists.

“If we discover this person and there is evidence and so on, we act,” he said. “If the judges can be approached, then they must be removed.”

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He also claimed some complaints circulating on social media may arise from misunderstandings of court procedures rather than corruption.

“What we have discovered quite often is that all this has happened because of a misunderstanding. Someone would have acted according to the law, but because it is not what this person wants, they create a story around it,” Malaba said.

He encouraged citizens to use formal channels when raising concerns about the conduct of judicial officers.

“Come up with your complaint, come to the Chief Justice, write to the secretary,” he said. “We investigate all the cases.”

Malaba further called for stronger public education on court processes and responsible reporting by the media, while emphasising that citizens have a right to complain.

“People have a right to complain. Produce the evidence and bring the facts,” he said.

Malaba has retired after years leading the judiciary during a period that included reforms and efforts towards digitisation of court processes, alongside continued public debate over judicial independence in Zimbabwe.

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