HIGH Court judge Justice Sunsley Zisengwe has dismissed an urgent chamber application by Justice Erica Ndewere to stop the Justice Simbi Mubako-led tribunal to probe her suitability to remain on the bench.
Justice Ndewere was challenging the decision by the
Judicial Service Commission (JSC) to refer her case to President Emmerson
Mnangagwa, saying it was unlawful.
She argued that her case was not supposed to be referred to
the President before the appointment of three judges to look into the matter in
terms of the Disciplinary Code Statutory Instrument 107 of 2020.
Justice Ndewere had also sought an order to declare that
High Court judges should be disciplined through Statutory Instrument 107 of
2020 as the lawful procedure, a move which the JSC argued was “void because the
tribunal had already been sworn in and had started its hearings, adding that
the High Court could not set aside a Presidential function provided for in the
Constitution”.
Reasons for the dismissal of the applications were not
availed.
The tribunal began sitting on March 18, even though Justice
Ndewere had asked that the process be stalled until the outcome of her High
Court application.
Two judges, Justice Davison Foroma and Justice Benjamin
Chikowero recused themselves from hearing the case citing collegiality.
Meanwhile, the tribunal continued to sit yesterday to
receive evidence on Justice Ndewere’s third charge of allegedly failing to
properly read and consider a record of proceedings in the case of the State v
Kenneth Majecha CRB MDP 79/19, resulting in her issuing a query in the form of
a review minute which quashed the sentence of imprisonment and substituted it
with an order of community service.
However, Justice Ndewere denied the charge, saying she
agreed with the magistrate and “confirmed” the sentence imposed on Majecha.
She added that “Kenneth Majecha served his full term and
the State was not prejudiced by any judicial decision that she took”.
The hearing continues today. Newsday
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