THE Judicial Service Commission (JSC) has made a U-turn on its intentions to repossess former High Court judge, Justice Erica Ndewere’s Mercedes Benz after her lawyer, Beatrice Mtetwa accused Chief Justice Luke Malaba of practising tribalism in the matter.
The JSC recently admitted in a letter signed by Bianca
Makwande for secretary of the JSC Walter Chikwanha that Ndewere was entitled to
buy the vehicle.
The JSC had taken Ndewere to the High Court and Supreme
Court hoping to repossess the vehicle.
It had earlier told the High Court and Supreme Court in its
opposing affidavit that Ndewere was not entitled to buy the vehicle because she
was not a sitting judge.
On October 25, Ndewere’s lawyer Beatrice Mtetwa wrote to
JSC accusing the commission of tribalism and discrimination after it denied her
the right to buy her official Mercedes Benz.
The same commission had allowed former judge Justice
Thompson Mabhikwa to buy his two vehicles, which were less than five years old.
The JSC, through Makwande, denied frustrating Ndewere’s
attempts to purchase the second vehicle because she had not yet started the
process of purchasing it.
She said it was not for the JSC, but for Ndewere to start
the process and the Office of the President and Cabinet (OPC) had the final
decision in the matter.
Ndewere argues that she is still waiting for her terminal
benefits including the car.
“Firstly, as indicated in our pleading: The motor vehicle
remains public property up until Mrs Ndewere is authorised to purchase the
vehicle. Secondly, she has not taken any steps to seek authority to purchase
the vehicle, yet she is fully aware of the procedure,” Makwande’s reply to
Ndewere’s lawyer read.
“On September 28, 2020, she sought authority to purchase
the Land Rover Discovery ADM 9276, which authority to purchase the condition of
service motor vehicle was granted. It is, therefore, illogical for her to
compare herself to Justice Mabhikwa, who has taken steps to seek authority to
purchase his vehicles. The Office of the President and Cabinet, which has the
sole powers to accede to this, has since authorised the purchase.”
Makwande further wrote that it was not correct for Mtetwa
to paint a picture that the JSC was frustrating her attempts to purchase the
second vehicle, yet she had not played her part.
“It is not for JSC to start the process; it is for her to
start the process and ultimately the OPC has the final decision on the matter.
In any event, this is a matter that is currently before the courts and such
correspondence cannot be brought on the sidelines of proceedings pending before
the court,” Makwande said.
“The accusations against the JSC are as usual misplaced and
without merit."
In November 2020, the JSC sent clerks to Ndewere’s house to
collect the vehicle after she was suspended without pay and benefits.
The JSC also wrote to Ndewere on April 19, 2022 asking her
to surrender it.
She refused saying she was entitled to the vehicle.
It is also understood that former Supreme Court judge
Justice Francis Bere had his official cars repossessed. Newsday
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