This is not the
first time Justice Mambara’s alleged conduct has come under scrutiny.
Earlier this
year, ferrochrome producer Zimasco (Private) Limited filed complaints with the
Judicial Service Commission (JSC) and the Law Society of Zimbabwe, implicating
the judge alongside Harare lawyers Wilson Manase and Valentine Kwande in what
the company alleged was an unlawful takeover attempt by businessman Shepherd
Tundiya’s Avim Investments.
In a detailed
letter dated December 16, 2025, addressed to Judge President Justice Mary
Zimba-Dube and copied to the Office of the President and Cabinet, Chief Justice
Luke Malaba, JSC executive secretary Walter Chikwana and the Zimbabwe
Anti-Corruption Commission, Vingirai outlined his grievances arising from case
number HCH5356/25.
Vingirai
contends that Justice Mambara allegedly exceeded his judicial mandate by
determining substantive issues in a matter where only preliminary points were
before the court.
“I am aggrieved
by the manner in which Justice Mambara handled the matter. Many a time, we have
heard of judges exposing their corruptness through their judgments, but this
one by Justice Mambara, in my view, really takes the cup,” he alleged.
According to
Vingirai, the hearing in HCH5356/25 was limited to preliminary points within an
application for condonation to file a future rescission application.
“And, indeed,
the Judge reserved judgment only in respect of the preliminary points,” he
stated.
Despite this,
Vingirai alleges that the judge went on to rule on matters that were neither
argued nor pleaded by either party.
He further
alleges that Justice Mambara proceeded to grant both rescission of a judgment
and joinder of parties, despite such relief not having been sought in the
application before him.
“Despite the
seriousness of the preliminary points, the judge dismissed all preliminary
points and, inexplicably, proceeded to grant the application on the merits,
which merits had not been argued by both sides,” Vingirai said.
“More
preposterously, the judge proceeds to grant rescission of the judgment in my
favour under HCH5712/24 and orders joinder of the applicants to my application
under HCH5712/24, yet the application before him was not even asking for
rescission and joinder, it was merely asking for permission to file an
application for rescission.”
He questioned
the legal basis for granting relief that had not been sought.
“The question I
have for the Honourable Judge President is this: ‘Was Justice Mambara granting
all this in anticipation of the matters being brought before him in the
future?’ This is simply astonishing,” Vingirai wrote.
He further
argued that the judgment affected by the ruling, HCH5712/24, was not a default
judgment but a consent order involving the government of Zimbabwe.
“The Judgment
under HCH5712/24, which the applicants contend is a default judgment, is
actually an Order by Consent of the Ministry of Lands, Agriculture, Fisheries
and Rural Development,” Vingirai said.
“The permanent
secretary deposed to an affidavit confirming government’s position to return my
farms and even explaining that His Excellency, the President of the Republic of
Zimbabwe, Dr E.D (Emmerson Dambudzo) Mnangagwa and his entire Cabinet had passed
a special Cabinet resolution to return my farms as they had been erroneously
acquired.”
He added that
the other parties held what he described as “erroneously issued” offer letters,
which he argued do not constitute proof of ownership. Vingirai also noted that
a separate, substantive rescission application by the same applicants had
already been struck off the roll by Justice Deme under case number HCH643/25.
“You will note,
Honourable Judge President, that the applicants’ rescission application was
struck off the register by Justice Deme under HCH643/25, which means that
Justice Mambara was only faced with a condonation application before him and
not an application for Rescission,” he wrote.
“Justice
Mambara granted an application that was not even before the court at all.”
Vingirai
characterised the judge’s alleged conduct as unethical and damaging to public
confidence in the justice system.
“I submit that
this is highly unethical. It is the highest level of serious misconduct by a
whole Judge. To grant an application that is not even before the court defeats
the whole point of the judiciary acting as the last line of defence for
citizens,” he further alleged.
Vingirai
confirmed that his legal team would appeal the ruling and requested that any
application for leave to appeal be heard by a different judge.
“My legal
practitioner will definitely file an appeal to set aside this shameful judgment
and I request that the application for leave to appeal be dealt with by a
different judge, as Justice Mambara has shown highest levels of bias and
corruption,” he stated. Zimbabwe Independent
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