Commonwealth Lawyers warn Judges’ retirement age change could trigger crisis

Sri Lanka risks mirroring Zimbabwe’s past judicial turmoil if it extends the retirement age for superior court judges without conducting broad public consultation. Commonwealth Lawyers’ Association President Steven Thiru warned during his address at the Bar Association of Sri Lanka public forum on Saturday.

The core concern involves the timing, manner, and application of the proposed constitutional amendment rather than the retirement age itself.

Referencing Zimbabwe’s 2021 experience, where the retirement age for senior judges increased from 70 to 75 through a fast-tracked process as the Chief Justice approached retirement, Thiru highlighted the resulting legal challenges and erosion of public trust.

Although Zimbabwe’s Constitutional Court eventually upheld the change, the episode damaged the Judiciary's reputation and created perceptions of executive influence.

Thiru urged the country’s leadership to learn from this lesson as they face a similar constitutional crossroads.

He cautioned that an ad hoc, non-transparent extension of tenure threatens to trigger a legitimacy crisis and undermine public confidence in the judicial system.

Constitutional reforms affecting the Judiciary must occur through transparent consultation and avoid any appearance of benefiting sitting judges or altering court composition for political gain.