HIGH Court judge Justice Erica Ndewere has filed an interdict against President Emmerson Mnangagwa to stop him from suspending her until Chief Justice Luke Malaba has followed correct disciplinary procedures.
Justice Ndewere has been accusing Justice Malaba of
discrimination, saying former judge Justice Francis Bere’s disciplinary hearing
was done according to the Judicial Service Commission (JSC) guidelines, but her
case had been sent directly to Mnangagwa without giving her an opportunity to
be heard.
In her application for interdict, Justice Ndewere cited
Mnangagwa, Justice Malaba, Judge President George Chiweshe, the JSC and Justice
minister Ziyambi Ziyambi.
“On September 15, 2020, I received documents containing
complaints against myself from JSC,” Justice Ndewere said.
“It was noted that the complaints had been placed before
JSC in terms of the Constitution of Zimbabwe.
“I was asked to respond to the complaints on or before
September 22. My lawyers of record then wrote a letter to JSC highlighting
critical issues on how complaints against a sitting judge ought to be dealt
with.”
She added: “It was clear from the document I received from
JSC was acting on the basis that it is Malaba who is complaining about my
conduct. If, indeed, it is Malaba who is of the opinion that I have conducted
myself contrary in any shape or form, then the JSC code of ethics should
apply.”
Justice Ndewere said the JSC did not respond to her letter
and on October 13, she was shocked to receive news that she was to appear
before a tribunal and received a letter stating that the complaints commission
had referred the matter to the President.
She said she, therefore, concluded that the complaints
considered by the JSC at the extraordinary meeting chaired by Justice Malaba
were the same as the complaints delivered to her, which confirms that Justice
Malaba was the one complaining about her conduct.
“By operation of law, the setting up of a tribunal by the
first respondent (Mnangagwa) will result in my automatic suspension which will
prejudice my work and my reputation,” she said.
“My reputation is in jeopardy because Malaba has complained
about my conduct. I run the risk of losing my job based on complaints raised
against me by Malaba alone. To allow this would
be a violation of my right and to the administration of
justice.” Justice Ndewere said section 163(2) and (3) of the Constitution
clearly stated that the Chief Justice was the head of Judiciary and was in
charge of the Constitutional Court and Supreme Court and Judge President
Chiweshe was in charge of the High Court.
She said Justice Chiweshe was supposed to be the
complainant in her case.
Justice Ndewere is reportedly being victimised after
allegedly refusing bail instruction in cases involving former Cabinet minister
Priscah Mupfumira, who is accused of corruption and fraud, and MDC Alliance
legislator Job Sikhala, accused of plotting Mnangagwa’s ouster. Newsday
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