Mtetwa is alleged to have made the remarks while talking to
fellow lawyer Tinomudaishe Chinyoka as they left the court chambers where she
had represented the Media Institute of Southern Africa (Misa) which was
demanding a public broadcast of opposition leader Nelson Chamisa’s challenge to
the presidential election results.
Chinyoka represented the State in the matter.
In a letter dated January 24 this year, LSZ asked Mtetwa to
explain herself after Chinyoka lodged a complaint to the lawyers’ body.
“In the attached complaint, it is alleged that sometime in
August 2018 you attended a hearing in the Chief Justice’s
Chambers at the
Constitutional Court. The complainant was acting on behalf of his Excellency
President Emmerson Mnangagwa in an application filed by Misa Zimbabwe,” read
the LSZ letter.
“It is alleged that you were the legal counsel for the
applicant. It is further alleged that on your way out of the chambers, you
shouted: ‘This is a case that I do not mind losing because we all know that the
Chief Justice is captured’. It is alleged that these words cast serious
aspersions on the office of the Chief Justice and the Judiciary.”
LSZ said Mtetwa’s professional conduct pointed to a
possible contravention of section 23(2)(a) of the Legal Practitioners Act
(Chapter 27:07) as read with by-law 3(20) and (21) of the Legal Practitioners
(Code of Conduct) By-Laws Statutory Instrument 37 of 2018.
She was ordered to respond within 14 days, failing which
the matter would be forwarded to the LSZ’s disciplinary and ethics committee.
In his letter, Chinyoka said Mtetwa’s remarks had cast
serious aspersions on the independence and integrity of Chief Justice Malaba,
and the Judiciary.
Mtetwa yesterday said she would respond to the letter
accordingly.
“Yes, I received the letter and I will respond to it
accordingly. I have 14 days to respond to it,” Mtetwa said. Newsday
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