President Mnangagwa has appointed three retired judges —
Justices November Mtshiya, Nicholas Ndou and Vernanda Ziyambi — as acting
judges of the High Court bench to preside over matters in the special courts
for Income Tax Appeals and Fiscal Appeals of the higher court.
Their appointment is with effect from Tuesday. Chief
Justice Luke Malaba yesterday wrote to the three judges advising them of their
appointment.
“This is to inform you that His Excellency the President of
the Republic of Zimbabwe Emmerson Dambudzo Mnangagwa, in terms of Section
181(3) of the Constitution of Zimbabwe, has appointed you as an acting judge of
the High Court to preside over matters in the Special Court for Income Tax
Appeals and Fiscal Appeals of the High Court with effect from 2nd July 2019,”
read the letter dated July 3, 2019 seen by The Herald.
Justice Mtshiya retired after serving nine years on the
bench in 2016. Until his appointment on Tuesday, he was acting judge of Appeal
at the Lesotho Appeal Court.
Justice Ndou resigned from the bench in 2012 after serving
10 years.
He also served at Namibia’s Supreme Court bench on a
private arrangement, while Justice Ziyambi, until her appointment, was the
acting judge of Appeal at the Supreme Court.
A former judge of the Supreme Court, Justice Ziyambi
retired on November 30, 2016 at the age of 70.
Meanwhile, 16 prospective candidates have made it through
to the Judicial Service Commission public interviews for eight positions of
judge of the High Court set for Monday and Tuesday in Harare.
The 16 successfully underwent the first stage of the
selection process last week, which consisted of a written test.
Initially, there were 43 nominees, but the number was
trimmed to 16 after many of them failed the test, while others withdrew before
writing the test.
Those who passed the tests are Advocate Nicholas Webster
Chinamora, Christopher Dube Banda, Evangelista Kabasa, Cemis Dembanai Madembo,
Benhilda Manyowa, Simba Mawere, Emilia Muchawa and Richard Mutandwa Mufuka, who
all will be interviewed on Monday.
The other eight to be interviewed on Tuesday are Ignatious
Murambasvina, Tagarira Leon Muringani, Petronella Musarurwa, Siyabona Paul
Musithu, Bongani Ndlovu, Rosa Takuva, Sunsley Zisengwe and Tsitsi Olivia Zvedi.
The 43 nominations were done after the invitation to
members of the public, and to the President to nominate suitably qualified
persons to be appointed as judges of the High Court, in terms of section 180
(4) of the Constitution.
Once the interviews are done, the JSC is required to decide
on a list of qualified persons as nominees and send the list to the President
for consideration. After receiving the JSC’s list of nominees, the President
must then, unless he considers that no-one on the list is suitable for
appointment to the High Court, make the eight appointments from that list.
If the President considers that no-one on the list is
suitable, he is required to call on the JSC to produce a second list and must
make the appointment from that second list according to Section 180(5) of the
Constitution.
Last month, the JSC held public interviews to choose two
judges from the High Court to fill two vacancies at the Supreme Court.
Justices Charles Hungwe and Nicholas Mathonsi succeeded in
the interviews, in which three other judges Justices Felistus Chatukuta, Alfas
Chitakunye and Samuel Kudya also participated.
The pair took oath of office before Chief Justice Malaba on
Tuesday.
They both pledged to continue upholding the Constitution
and ensure they defended the interest of the rule of law without fear or
favour. Herald
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