×
NewsDay

AMH is an independent media house free from political ties or outside influence. We have four newspapers: The Zimbabwe Independent, a business weekly published every Friday, The Standard, a weekly published every Sunday, and Southern and NewsDay, our daily newspapers. Each has an online edition.

Chief Justice interviews matter to go for public scrutiny

News
THE Judicial Service Commission (JSC) has requested that the matter in which a University of Zimbabwe law student is seeking to stop interviews for a new Chief Justice, be subjected to public scrutiny, as it affects the country’s Constitution.

THE Judicial Service Commission (JSC) has requested that the matter in which a University of Zimbabwe law student is seeking to stop interviews for a new Chief Justice, be subjected to public scrutiny, as it affects the country’s Constitution.

by Wongai Zhangazha

Romeo Zibani, who is in his fourth year, filed an urgent High Court application on Wednesday, arguing that the process to select Chief Justice Godfrey Chidyausiku’s successor was unfair and not transparent.

He cited the JSC, President Robert Mugabe, Vice-President Emmerson Mnangagwa, Justice Chidyausiku, his deputy, Justice Luke Malaba, Justice Paddington Garwe, Justice Rita Makarau and Judge President George Chiweshe, as first to eighth respondents respectively.

Zibani, who is represented by Venturas and Samukange Legal Practitioners, said he was challenging the composition of the panel set to interview the fifth to eight respondents.

He said the shortlisted candidates were friends, colleagues or bosses of members of the interviewing panel, describing it as an “incestuous” relationship.

Responding to the application in a letter, while preparing opposing papers, the JSC requested that High Court judge, Justice Charles Hungwe, recuse himself from the case, as his son Tafadzwa is employed by Venturas and Samukange Legal Practitioners.

“Consequently, it would be improper and in our humble view a breach of judicial ethics for you to preside over the urgent matter in the circumstances. Secondly, we intend to file an affidavit sworn by one Mashayamombe confirming that in the evening of December 7, 2016 you contacted her by telephone and gave certain instructions (prior to the court application with the registrar of the urgent application), which is irregular and puts into question how you had prior knowledge of the urgent application,” the JSC letter read.

“Our instructions are that your impartiality or independence in dealing with the matter is, therefore, in issue and we, therefore, request that you recuse yourself from the matter.”

The JSC said Zibani’s application goes into “the root of Zimbabwe’s Constitution and affects the rights of one arm of the State, namely the judiciary”, hence, the matter must be subjected to public scrutiny requesting the matter be heard in an open court and a full recording of the hearing.

“Since the application proposes to stop a constitutionally-valid process, it is imperative that the Attorney-General, as the chief legal advisor to the government of Zimbabwe, and consequently to the second and third respondents be joined as a party to these proceedings immediately so that the Executive (as in government) be afforded an opportunity to be represented constitutionally by the chief legal advisor to government,” the JSC letter read.

In an affidavit, JSC deputy secretary, Walter Chikwanha said the President, Chief Justice, his deputy and Judge President cannot be sued unless a leave of court has been granted.

The JSC is represented by Addington Chinake of Kantor and Immerman Legal Practitioners.