WOMEN’s Comfort Corner Foundation (WCCF) director Rita Mbatha has written to the secretary of the Judicial Service Commission (JSC) Walter Chikwana alleging threats and harassment by a top judge, Justice Catherine Bachi-Mzawazi.
Mbatha complained to Chikwana alleging that Justice
Bachi-Mzawazi was trying to force her to consent to set aside a judgment under
Case Number HC49862014.
Under the case, Mbatha was awarded US$180 000 by the High
Court after she lost her job for reporting her former boss for sexual
harassment in a nearly 20-year legal battle.
Mbatha reported former Confederation of Zimbabwe Industries
(CZI) chief executive Farai Bwatikona Zizhou for sexual harassment when she
worked as his personal assistant between 2002 and 2003.
The CZI responded by sacking her. In passing judgment last year, Justice Joseph Mafusire said Mbatha’s victory had come through “blood and sweat”.
In a letter dated September 16, 2022, in possession of
NewsDay, Mbatha alleged that the judgment infuriated Justice Bachi-Mzawazi.
“She alleged that the judgment was irrational and that
Zizhou deserved a second chance and did not deserve to lose property because of
a minor infraction and I should, instead, pursue CZI, which had ignored the
reports of sexual harassment. I was shocked and called out the judge and told
her that it was not proper to make such averments or to invite me in chambers
without the applicant present.
“She then alleged that Deputy Chief Justice Elizabeth
Gwaunza and the Judge President of the High Court told her she was not the
first judge whom I had complained about and that I was wasting my time writing
complaints to the JSC as nothing would materialise therefrom,” the letter read.
Mbatha also accused the judge of being conflicted because
she was offering legal advice to Zizhou.
“I also told Justice Bachi-Mzawazi that I was aware that she
was legally advising Zizhou,” Mbatha said in the complaint.
After refusing to consent to the setting aside of the
judgment, Mbatha alleges the judge started to harass and intimidate her.
“She changed from trying to persuade me to being hostile,
began shouting at me alleging that I was intent on tarnishing her image. She
began shouting in chambers alleging that I had made the same allegations
against Supreme Court judges, this time without mentioning names.
“It is Justice Bachi-Mzawazi through her misconduct,
conduct unbefitting a judge that has displayed that there is no justice, but an
abundance of corruption in the (judicial) system. By her conduct, she has
committed breaches of judicial ethics as articulated in the code,” the letter
further read.
Allegations against Justice Bachi-Mzawazi come at a time
when the Judiciary is under the spotlight for corruption and defeating the
course of justice. Newsday
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