The move comes
after Justice Katiyo was recently accused of issuing a fictitious judgement and
making procedural violations in politically sensitive cases.
Attorney
General Virginia Mabiza confirmed the development in a statement on Monday,
saying all preliminary steps had been completed in line with the law.
“Following a
recommendation from the Judicial Service Commission in terms of Section 187 of
the Constitution of Zimbabwe, His Excellency, the President, has initiated the
process to establish a t and tribunal to inquire into the question of the
removal from office of High Court Judge, Honourable Justice Never Katiyo,”
Mabiza said.
She added that
the Law Society of Zimbabwe had been asked to nominate legal practitioners for
consideration to serve on the tribunal.
Justice
Katiyo’s troubles deepened in recent months after two high-profile
controversies that exposed glaring lapses in judicial procedure.
In July this
year, the judge handed down a fabricated ruling in a property dispute between
Bulgarian company Technoimpex JSC and a local firm — a judgment which falsely
recorded that a hearing had taken place and that senior advocate Thabani Mpofu
had appeared for one of the parties.
Mpofu denied
ever participating in the case, prompting Katiyo to take the extraordinary step
of rescinding his own judgment, acknowledging that it had been “erroneously
issued.”
The withdrawal,
dated August 7, 2025, raised serious questions about judicial integrity and due
process.
Barely a week
later, the same judge came under fresh scrutiny after granting the National
Prosecuting Authority (NPA) leave to appeal in a politically charged case
before the legal deadline for opposition had expired – a breach of court rules
that lawyers described as “a blatant violation of procedure.”
The case
involved opposition politician Maureen Kademaunga and several others who were
acquitted of attacking Zanu PF supporters in 2024. Justice Katiyo granted the
NPA’s application four days after it was filed, despite respondents having
until August 20 to file their responses.
Legal
practitioners said the ruling “was granted in error and to the prejudice of the
respondents,” and demanded its rescission under Rule 29(1)(a) of the High Court
Rules.
A senior Harare
lawyer, speaking on condition of anonymity, said the “pattern of serial
blunders and disregard for procedure” had become untenable.
“Once is an
error, twice is a trend. Confidence in the judiciary depends on the integrity
and diligence of those who serve on the bench,” the lawyer said.
Justice Katiyo
was controversially appointed to the bench by President Mnangagwa in 2021
despite reports that he performed poorly in JSC public interviews. - ZimLive
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