In a letter addressed to JSC secretary Walter Chikwanha
dated November 10, 2022, Mbatha accused Gwaunza of abuse of power as a judge
which she said had an impact on the rule of law and asked JSC to deal with the
matter.
“The Deputy Chief Justice unlawfully altered the transcript
to irremediably prejudice me. I attach proof of the allegations which I make
for ease of reference. It is common cause that the transcribers seized with the
transcriptions are the only people who can certify that the transcription is
true and correct.
“The unlawful corrections noted at the Supreme Court in the
file under file No SC 443/21 are evidence of blatant illegality. It is material
that I complained about the bias against me and she is aggressively retaliating
against me,” Mbatha alleges.
She previously wrote to Justice minister Ziyambi Ziyambi on
the issue but received no response.
In another letter dated November 7, 2022, Mbatha said there
was a deliberate attempt to prejudice her in a case before the courts.
“The contents of the transcription are grossly inaccurate.
The intentions are to ploy and manoeuvre the process and rule of law to avoid
accountability and undermine the administration of justice and the
constitutional decree of a fair trial,” Mbatha said.
“It remains the primary duty of the Judiciary to ensure
that it facilitates access to information that would enhance the enjoyment of
fundamental rights and to make this information accessible to the litigants.
The transcript indicates that only Gwaunza communicated with parties. Requisite
relevant information supporting me was deliberately left out.”
Mbatha alleged that the information that she needed in her
heads of argument to be filed with the Constitutional Court was deliberately
left out.
“The judgment under SC443/22 is deliberately tainted with gross,
deliberate inaccuracies to irremediably prejudice me,” she said.
Gwaunza’s actions, she said, were unlawful and
unconstitutional.
“The complaint is anchored on section 6 of the Judicial
Code of ethics, Statutory Instrument (SI) 107 of 2012. Judicial misconduct
contemplates and is not limited to the breach of a specific provision of the
Code of Ethics but covers wilful or grossly negligent conduct that is
"incompatible with or unbecoming the holding of judicial office, including
any conduct that is prejudicial to the independence, impartiality, dignity,
accessibility, efficiency or effectiveness of the court.”
Mbatha wants JSC to denounce Gwaunza for her handling of
the case.
“As the complainant, I am seeking the intervention of the
JSC to deprecate the Honourable judge's conduct as such conduct hardly conduces
to the protection of the dignity, independence and effectiveness of the Judiciary
and the judicial system,” Mbatha said.
“Kindly note that as the complainant, I am not requesting
legal guidance but lodging a complaint about what I consider to be misconduct
on the part of the Deputy Chief Justice. I need protection, the naked harassment
is egregious. I am kindly requesting that this complaint be circulated to all
commissioners. The harassment is debilitating my life."
Contacted for comment, JSC spokesperson Daniel Nemukuyu
said he would check on the alleged matter and revert.
He had not done so by the time of going for print.
Recently Mbatha also wrote to Chikwanha alleging threats
and harassment by Justice Catherine Bachi-Mzawazi who she said wanted to force
her to consent to the setting aside of 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 following a nearly 20-year legal battle.
Mbatha had reported the former Confederation of Zimbabwe
Industries (CZI) chief executive officer Farai Bwatikona Zizhou for sexual
harassment when she worked as his assistant between 2002 and 2003. The former
CZI boss responded by sacking her.
Gwaunza has another complaint pending against her from
businessman Tendai Mashamhanda over misconduct allegations. Newsday
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