The five year tenure extension of the chief justice of Zimbabwe by President Emmerson Mnangagwa allowed by contentious changes made to the constitution is being challenged in court by lawyers.
The constitutional changes allow the president to extend the retirement age of senior judges to 75 years on proof good health.
A statement by the Chief Secretary to the cabinet said Mnangagwa had accepted a medical report from Malaba, which showed the judge had the “mental and physical fitness to continue in that office”.
Chief Justice Luke Malaba had been due to retire on Saturday when he turns 70.
Malaba and all 16 judges of the Constitutional and Supreme Court are cited as respondents in the court case challenge opposed by the judges.
Lawyers and the opposition say the amendment by Mnangagwa’s ruling ZANU-PF party did not go through public interviews was a violation of the country’s charter.
But the government says it only changed the retirement age and so did not breach the supreme law.