Outgoing Chief Justice Godfrey Chidyausiku revealed a shocking detail in his speech at the opening of the 2017 legal year. Chidyausiku revealed that before the Judicial Services Commission conducted the highly contentious interviews for the Chief Justice position, they received what turned out to be a fake executive order advising them to stop the interviews. He replied that he was not able to do so as that would be a violation of the constitution. Chidyausiku later found out that the President had no knowledge of the order. In his speech the Chief Justice said:
In light of the above, was surprised to receive communication a few days before the interviews were due to commence that an Executive order had been issued ordering the Judicial Service Commission to stop the interviews for filling the post of Chief Justice. responded to the communication, advising that the Executive’s directive could not be complied with without breaking the Constitution and that the interviews would proceed as planned and in terms of the Constitution. have since established that the President never issued the alleged Executive order to stop the interviews.
The Judicial Services Commission went on to hold the interviews, despite spirited efforts to have them stopped including a High Court interdict.