1. It’s time up for this man. Not even Amendment No. 2 can save him. The Constitution is clear that an amendment to term limits provisions cannot benefit incumbents. His term ends at 70. The definition of term limits is clear. ZANU PF might force it but he will lack legitimacy. 
2. Can they amend section 328(7) of the Constitution? Section 328(8) provides for double-glazed protection of that provision. It cannot be amended unless it is put to a referendum. Therefore, to amend s.328, the government would have to organise a referendum between now and May.
3. Malaba arrived with much promise in 2017, but like the coup regime, he squandered his opportunity. That memo requiring judges to submit judgments for “marking” by superiors was a disaster. Failure to advance human rights jurisprudence under his tenure has been conspicuous.
4. There is nothing new that he will achieve by staying on. Time to retire and focus on his farming enterprise. Even if he wants to stay and the regime wants him to stay, there is an insurmountable legal barrier. If he forces it he will be dogged by illegitimacy.
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