Justice Andrew Mutema was a Zimbabwean judge. He was the Principal Judge in the First Division of the Common Market for Eastern and Southern Africa a position he held till his death in August 2015. He is the first judge to be buried at the National Heroes Shrine.

Justice
Andrew Mutema
Andrew Mutema
Image Via: Chronicle
Born Andrew Mutema
February 24, 1959
Died August 21, 2015 (aged 56)
Matar Dei Hospital, Bulawayo
Cause of death Collapsed
Resting place National Heroes Acre
Nationality Zimbabwe
Occupation
  • Judge
Years active 1986-2015
Employer Government of Zimbabwe
Organization Ministry of Justice, Legal and Parliamentary Affairs
Children Tatenda Mutema (son), 3 other children
Relatives Richard Mhike

Contents

Background

Justice Andrew Mutema was born on 27 February 1959. He survived with a wife and four children of which Tatenda Mutema is his son.[1]

Education

Mutema attended Silveira Mission in Bikita.[2]

Career

Mutema joined the liberation war in November 1977 and attained military training in Mozambique in 1978. He was deployed for three months before being recalled from the front. Mutema was then deployed to Romania where he was taught physics and anti-aircraft radar. He was demobilised in 1982 after returning from Romania where he then pursued a career in the judiciary.[1]

Justice Andrew Mutema joined the Ministry of Justice, Legal and Parliamentary Affairs in 1986 as an assistant magistrate.[3] He was appointed a magistrate in 1987 and a regional magistrate in September 1997.[4]

On November 3, 2004 he was appointed the senior president of the Administrative Court.[5] He was later moved to the Labour Court on 14 December 2007, where he was appointed senior president of the Labour Court.[6]

Mutema was then appointed a Judge of the High Court in Harare on 20 May 2010 before being appointed senior judge in charge of the High Court in Bulawayo on 1 February 2013.[6] In March 2015 he was appointed Principal Judge in the First Division of the Common Market for Eastern and Southern Africa (COMESA).[3]

Famous Judgements

Spot Fines

In March 2015 Mutema ruled that the police practice of impounding vehicles at road blocks for failure to pay spot fines by motorists was unlawful. This was after former legislator for Lupane West, Njabuliso Mguni had challenged the seizure of his vehicle by the police after he had failed to pay a $50 spot fine.[7] Mutema's ruling was against Home Affairs Deputy Minister Ziyambi Ziyambi's February 2015 Parliament argument that the police had the legal right to impound vehicles and demand spot fines.[8]

Kwekwe Constintuency Ruling

In December 2013, Justice Mutema ruled that Kwekwe Central House of Assembly Constituency seat was vacant and that ZEC hold fresh elections within 10 days.Blessing Chebundo, the MDC-T losing candidate had challenged Zanu PF's candidate's win in the constituency.[9]

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Death and National Hero Declaration

Justice Mutema collapsed and died on 21 August 2015 at Mater Dei Hospital in Bulawayo.[6] He returned from a work related trip in Ghana, Kenya and Sudan complaining of a slight headache. Mutema suspected that he had contracted malaria but was diagnosed with a fever and given medication before being discharged. However, his condition worsened on August 20 and he was rushed to Mater Dei Hosptial. He collapsed in the morning on August 21 and was taken to the intensive care unit where doctors tried to resuscitate him before pronouncing him dead in the afternoon of the same day.[6]

On August 25, 2015, Mutema was declared a national hero and was the first judge to be bestowed with the honour of being buried at the National Heroes Acre.[4] Mutema was buried at the National Heroes Acre on 29 August 2015.[10]


References

  1. 1.0 1.1 Fidelis Munyoro, Justice Mutema a national hero, Herald, Published: August 27, 2015, Retrieved: August 27, 2015
  2. National hero judge burial today, Chronicle, Published: August 29, 2015, Retrieved: August 31, 2015
  3. 3.0 3.1 Thandeka Moyo, Top Judge collapses, dies, Chronicle, Published: August 22, 2015, Retrieved: August 26, 2015
  4. 4.0 4.1 LATEST: Justice Mutema declared national hero, Herald, Published: August 26, 2015, Retrieved: August 26, 2015
  5. Phyllis Mbanje, Justice Mutema dies, Southern Eye, Published: August 22, 2015, Retrieved: August 26, 2015
  6. 6.0 6.1 6.2 6.3 Thandeka Moyo, Justice Mutema burial: Family awaits govt guidance, Chronicle, Published: August 24, 2015, Retrieved: August 26, 2015
  7. Former legislator wins spot fine case, Herald, Published: March 21, 2015, Retrieved: August 31, 2015
  8. Zvamaida Murwira, Spot fines: Govt sticks to its guns, Herald, Published: February 26, 2015, Retrieved: August 31, 2015
  9. Charles Laiton, High Court declares Kwekwe seat vacant, NewsDay, Published: December 3, 2013, Retrieved: August 31, 2015
  10. LIVE UPDATES: JUSTICE MUTEMA BURIAL, Herald, Published: August 29, 2015, Retrieved: August 31, 2015