Zimbabwe News Update
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3 min read
Minister accused of blocking tribunal to save judge under misconduct probe senior officials in the ministry of justice are accusing their minister ziyambi ziyambi of trying to frustrate disciplinary proceedings against high court judge never katiyo by setting up a pliable panel to clear him on charges of serious misconduct for writing a judgement on a case he had not heard, something lawyers say is an egregious judicial fraud. This comes after the judicial service commission (jsc) unanimously adopted a round-robin resolution referring katiyo to a disciplinary tribunal three weeks ago. Katiyo had failed to satisfy the commission that his fraudulent conduct was above board, according to ministry officials.
The disciplinary process followed allegations that katiyo authored a judgement in a matter he did not hear — a charge that amounts to gross judicial misconduct. Under the law, such a disciplinary process and holding the judge to account involves a speedy setting up of a tribunal to hear the matter. However, ministry officials say the process is dragging because the minister is not acting urgently as he wants to protect katiyo, seen as one of the pro-government judges. They also say ziyambi has delayed the appointment of the tribunal as he is deliberately trying to set up a panel sympathetic to katiyo to exonerate him. “three weeks on, there has been no progress on constituting the tribunal,” a senior ministry official said on condition of anonymity.
“there are strong suspicions that the minister is manoeuvring to set up a panel that will acquit katiyo.” other confidential sources say katiyo has close links to president emmerson mnangagwa and his family, which will further compromise the tribunal investigation. Earlier this year, judge president mary zimba-dube reportedly ordered katiyo to be transferred to bulawayo as part of addressing the problem. According to sources, katiyo defied the transfer with ziyambi’s support. In the wake of the jsc tribunal recommendation, sources say katiyo boasted he would simply go through the motions of the disciplinary hearing, but will soon be back on his job by mid-next year.
Legal experts and former judges have warned that any perception of such brazen executive interference in the disciplinary process would erode public confidence in the judiciary, a pillar of a constitutional democracy. “the integrity and independence of the judiciary are fundamental,” said a retired judge who asked not to be named. “if there is an appearance of political influence in judicial discipline and other affairs, that undermines the rule of law.” the jsc, constitutionally responsible for disciplining judges and holding them to account, is constrained by statute on how referrals proceed once a complaint is found to have merit.
Ministry officials say transparency, professionalism, and adherence to due process are critical to the rule of law and to ensure trust in the outcome, whatever it may be. Katiyo’s refusal to accept a transfer and reports of his links to powerful political figures will likely intensify public scrutiny if the disciplinary process does not move forward promptly. The jsc has a statutory duty to ensure complaints against judges are dealt with fairly and expeditiously, ninistry officials say. The matter raises broader questions about the separation of powers and mechanisms to protect judicial independence.
