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The Herald
Soft fidelis
Chief Court Reporter
The anti-corruption stance taken by the judiciary has disturbed many culprits who are now turning to social media and newspapers to attack the judiciary, a senior government official said.
The Judiciary and the Chief Justice Luke Malaba, in particular, have adopted zero tolerance for corruption and this is paying off in the Judicial Service Commission (JSC) where there are no sacred cows.
The Permanent Secretary for Justice, Legal and Parliamentary Affairs, Ms. Virginia Mabhiza, praised the position taken by the Judiciary in dealing with corrupt elements, including on the bench.
However, this has attracted thieves from anonymous culprits who now accuse the judiciary of having been caught.
In reaction to the anonymous document that was allegedly written by the higher court judges and that was distributed on social media and newspapers attacking the judiciary, the JSC and the Chief Justice in particular, Ms Mbhiza said that the The issues raised in the document were the same as ever. stories, which are being recycled and had already been investigated.
The document that was addressed to President Mnangagwa raised a plethora of complaints against the Judiciary and the Commission.
“We do not believe that this document was written by judges because if it was, then we do not see any reason why they should be anonymous,” Ms Mabhiza said.
“Honorable justices have previously submitted written complaints and petitions to the Chief Justice, the JSC, and His Excellency. At no time have they done it anonymously ”.
In July this year, the Chief Justice Malaba issued an internal memorandum addressed to the High Court judges on the need to pronounce sentences when they are ready, the justices wrote to the Chief Justice, identifying themselves and expressing concern.
They have also made requests identifying themselves before expressing concern about their conditions of service.
In 2015, the justices wrote a petition addressed to then-Chief Justice Godfrey Chidyausiku, complaining after he publicly criticized them for not fulfilling their duties, they again identified themselves.
They added signatures on each of the petitions.
Ms Mabhiza said that the document that has gone viral on various social media platforms was written by those who are aggrieved by the position taken by Chief Justice Malaba and the Commission to fight corruption and hold people accountable. , including members of the judiciary.
“The position that has the support of the Government is commendable,” he said.
“It cannot be a coincidence that the attack on the Chief Justice and the JSC comes immediately after the Chief Justice had provoked the investigations of three judges for various acts of gross incompetence and serious misconduct.
“This is a carefully orchestrated move that aims to intimidate the establishment, including the Chief Justice and the Commission, from investigating misconduct against some high-ranking members of the judiciary.”
Ms. Mabhiza also expressed satisfaction with the work that JSC is doing, saying that her ministry supported the position of Chief Justice Malaba that “while the judiciary is independent, it must also be accountable.”
The anti-corruption campaign of the Judiciary recently claimed the scalp of the Supreme Court judge, Justice Francis Bere, who was fired by President Mnangagwa for serious misconduct following the recommendations of the court established to investigate his aptitude to serve as judge .
He was fired for interfering with a Harare lawyer involved in a matter where he had a conflict of interest.
The judge telephoned the attorney, who was representing Zinara, and asked him to consider resolving a civil dispute between Zinara and Fremus Enterprises related to her family members.
He had been suspended since January pending the conclusion of the investigations.
The retired judge, Judge Simbi Mubako, presided over the three-member court that investigated the judge’s conduct.
Another High Court judge, Judge Erica Fungai Ndewere, is fighting to prevent a court from being established to investigate the issue of her removal on charges of conduct inconsistent with a judicial office.
The judge filed an urgent chamber request in the High Court on Tuesday seeking a provisional injunction to stop the creation of a court by President Mnangagwa to investigate his conduct pending the determination of the legality of the process followed.
