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Former High Court Judge, Erica Ndewere has resuscitated her challenge against her dismissal from office by President Emmerson Mnangagwa in 2021.
Mnangagwa fired Ndewere after a tribunal he had established to investigate her recommended that she be dismissed for gross incompetence.
As reported by <a href="https://www.newsday.co.zw/local-news/article/200023362/top-judge-drags-ed-to-court">NewsDay</a>, Ndewere was accused by the Judicial Service Commission (JSC) of wrongly quashing a prison sentence imposed on a thief and taking too long to deliver judgments.
However, Ndewere claimed that she was being victimised for resisting Chief Justice Luke Malaba’s interference.
In her submission before the courts, Ndewere cited Mnangagwa as the respondent, arguing that he failed to fulfil a constitutional obligation enshrined in section 187(8) when he removed her from the office of a judge on account of the “invalid, unlawful recommendations” of the Simbi Mubako Tribunal.
She also argues that Mnangagwa did not file an opposing affidavit, adding the opposing affidavit purportedly deposed by the Minister of Justice, Ziyambi Ziyambi, constitutes inadmissible hearsay. Ndewere’s application reads:
<blockquote>
He (Mnangagwa) cannot delegate this responsibility in such serious matters taking into account that the constitutional obligation enshrined in section 187(8) of the Constitution is specific and one which is only exercisable by him. Consequently, there is no valid opposing affidavit before the court.
In any event, the opposing affidavit purportedly deposed by Ziyambi Ziyambi constitutes inadmissible hearsay.
Ziyambi Ziyambi is the Minister of Legal and Parliamentary Affairs. He does not share the constitutional obligation enshrined in section 187(8) of the Constitution with the President.
He does not know what the President received, read and considered when he removed me from office.
Only the President does and no affidavit confirming the averments in Ziyambi Ziyambi’s affidavit.
Therefore, his affidavit is inadmissible hearsay. In terms of the rules, only a deponent who can swear positively as to the facts can make an affidavit and Ziyambi Ziyambi, who could not have been lawfully involved in the entire process, cannot, therefore, swear positively to the averments he has made.
</blockquote>
She also argues that she was discriminated against after Mnangagwa, through Proclamation 3 of 2021, gave the Simbi Mubako Tribunal an “option” to extend its lifespan by a further six months “after swearing in of members”. Ndewere submitted:
<blockquote>
Applicant was discriminated against when SI [Statutory Instrument] 107/12 was not followed in her case, but SI 107/12 was used by the Chief Justice to appoint a panel of judges to investigate male colleagues Justice Benjamin Bere, Justice Webster Chinhamora and Justice Thompson Mabhikwa.
Applicant was discriminated against when she was singled out for charges for misconduct for breaching section 19(1) of Statutory Instrument 107/12, but no other judge who had not completed reviews of reserved judgments within three months was charged for misconduct.
Justice Benjamin Chikowero expressed surprise in his court judgment when he recused himself from hearing my case, that he was seeing his name in a memorandum dated February 6, 2019, along with my name and other judges for allegedly not completing his work, but he was never charged and no one ever spoke to him about it.
The other 17 judges who were mentioned in several memoranda along with me were never charged for gross misconduct.
</blockquote>
Ndewere’s suspension in 2020 and her eventual sacking in 2021 came after she granted bail to then-MDC Alliance deputy chairperson Job Sikhala.
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

Pindula News

Former High Court Judge, Erica Ndewere, Drags Mnangagwa To Court

The Chief Secretary to the President and Cabinet Misheck Sibanda has directed that former High Court judge Justice Erica Ndewere be given back her Mercedes-Benz vehicle which was violently seized from her by the Sheriff on orders from Judicial Service Commission (JSC), reported <a href="https://www.newsday.co.zw/local-news/article/200009266/judge-ndewere-wins-back-merc">NewsDay</a>.
Erica Ndewere alleged that the assailants broke into her residence and forcefully repossessed the vehicle in November 2022 following her dismissal in 2021.
She said the vehicle was taken away from her despite pending court proceedings whereby she was challenging her dismissal.
Ndewere argued that Chief Justice Luke Malaba was discriminating against her as she was being treated differently from other judges who were dismissed.
She cited former judge Thompson Mabhikwa who was given his two official vehicles after his dismissal.
A letter addressed to JSC secretary Walter Chikwanha, Chief Secretary to the President and Cabinet Misheck Sibanda reads in part:
<blockquote>
Reference is made to your minute dated February 16, 2023 on the above matter. Authority is hereby granted for the former judge of the High Court of Zimbabwe, Mrs. E Ndewere to purchase the motor vehicle which was allocated to her during her tenure as a judge of the High Court.
</blockquote>
Erica Ndewere was fired by President Emmerson Mnangagwa in June 2021 after a tribunal had found her guilty of misconduct. The office of the president and cabinet said at the time:
<blockquote>
The Tribunal established in terms of section 187 (3) of the Constitution of Zimbabwe, to inquire into the question of removal from office of Honourable Justice Erica Ndewere has completed its investigations.
The Tribunal has presented its findings to His Excellency, the President of the Republic of Zimbabwe in terms of section 187 (7) of the Constitution. The tribunal has recommended that Honourable Justice Ndewere be removed from office for gross incompetence.
His Excellency, the President has accordingly, in terms of section 187 (8) of the Constitution, removed Honourable Justice Erica Ndewere from office with immediate effect.
</blockquote>
More: <a href="https://zero.pindula.co.zw/">Pindula News</a>

Former High Court Judge, Erica Ndewere, Wins Back Mercedes-Benz

Former High Court judge, Erica Ndewere, has been ordered to surrender a Mercedes Benz she was given by the Government during her time in office.
Ndewere was removed from the bench by President Emmerson Mnangagwa on 17 June 2021 over misconduct allegations.
She, however, had retained possession of the Mercedes Benz E300 registration number ADY 474, which is registered in the name of the Master of the High Court, a former department of the Judicial Service Commission (JSC).
High Court judge, Justice Samuel Deme, granted the request by the JSC which sought an order compelling Ndewere to surrender the vehicle to the High Court sheriff pending a full hearing on the matter. Ruled Justice Deme:
<blockquote>
Pending the finalisation of this matter, JSC is granted the following relief; that motor vehicle, Mercedes Benz E300, registration number ADY 4743, be and is hereby placed under judicial attachment.
Ndewere be and is hereby ordered to surrender the above-mentioned vehicle to the Sheriff at the High Court, Harare, Samora Machel Avenue, Harare, within 24 hours of service of this order where the motor vehicle shall be kept/stored by the Sheriff pending the return day.
</blockquote>
Ndewere was given two top of the range vehicles, a Land Rover Discovery 4, registration number ADM 9276 and the Mercedes Benz by the JSC under conditions of service.
Her request to purchase the Land Rover was granted on 9 April 2021. The JSC demanded the return of the Mercedes Benz on 19 April 2022 but Ndewere allegedly refused to do so.
Ndewere insisted that she was entitled to purchase the vehicle, arguing that the JSC was not the owner of the vehicle, but the office of the President.
She also submitted that the request by the JSC was done unlawfully.
But the JSC argued that the option to purchase the vehicle was no longer available for Ndewere because she was no longer a sitting judge.
Meanwhile, Justice Deme has directed both parties not to use the Mercedes Benz until the matter is finalised.
<h4>More: <a href="https://www.newzimbabwe.com/former-judge-ndewere-ordered-to-surrender-vehicle/">NewZimbabwe.com</a></h4>

Former High Court Judge Erica Ndewere Ordered To Surrender Vehicle

The High Court has dismissed an application by former High Court judge Erica Ndewere which sought to compel President Mnangagwa to pay penal fees in a suit she was demanding to be issued with a copy of the findings that led to her dismissal.
Ndewere was discharged from the bench in June this year after a three-member tribunal led by retired judge Justice Simbi Mubako — set up to probe her suitability to hold judicial office — recommended her dismissal.
In her urgent application, Ndewere had sued President Mnangagwa, the tribunal bench, Judicial Service Commission and the Justice, Legal and Parliamentary Affairs Minister.
She claimed that she was entitled to be given promptly and in writing the reasons why the Tribunal came to the conclusion that it did. 
Ndewere argued that she wanted to be able to exercise her right to have the Tribunal’s decision either reviewed or appealed against.
Ruling on the matter, Justice Kwenda found that Ndewere’s application was not necessary because she had already been served with the notice of her removal from office when she launched her application. He added:
<blockquote>
The inescapable conclusion is that the prayer for costs lacks merit. In the circumstances, I order as follows . . . There shall be no order as to costs.
</blockquote>
Ndewere was accused of “conduct inconsistent with being a judicial officer”, but she denied the charges saying she was being victimised for releasing opposition leader Job Sikhala and defying unlawful orders from Chief Justice Luke Malaba.
She became the second judge to be fired by the President after Supreme Court Judge Justice Francis Bere, who was fired in October 2020.
This comes amid accusations that the ZANU PF government has captured courts and is victimising judges who are refusing to be influenced by the party.
More: <a href="https://www.herald.co.zw/no-pay-day-for-fired-judge-ndewere/">The Herald</a>

Former Judge Ndewere's Bid For President Mnangagwa To Pay Penal Fees Dismissed

Suspended High Court judge Justice Erica Ndewere has accused Chief Justice Luke Malaba of misleading President Emmerson Mnangagwa into believing that she had 34 outstanding matters when she only had three.
A memorandum dated October 23, 2020, from the Registrar of High Court to Chief Justice Malaba confirms that she did not have 28 outstanding judgments or reviews for 2020 as alleged.
Through her lawyer, Beatrice Mtetwa, Justice Ndewere told Justice Sunsley Zisengwe that the Judicial Service Commission (JSC) failed to carry out an independent investigation into her alleged misconduct.
She accused the JSC of rubberstamping the investigation done by Chief Justice Malaba without verifying the allegations.
Justice Ndewere argues that the Chief Justice did not appoint a disciplinary committee of three judges as required by law but acted as both complainant and jury in the matter.
She is challenging the legality of a tribunal set up by Mnangagwa in November last year to determine her fitness to hold the office of High Court judge.
Justice Zisengwe reserved his judgment on the matter.
<h4>More: <a href="https://www.newsday.co.zw/2021/03/cj-malaba-lied-to-mnangagwa-ndewere/">NewsDay</a></h4>

CJ Malaba Lied To President Mnangagwa, Says Justice Ndewere

President Emmerson Mnangagwa has restored suspended High Court judge Justice Erica Ndewere’s salary and benefits.
This comes after Justice Ndewere wrote to the Chief Secretary in the Office of the President and Cabinet, Misheck Sibanda, saying Mnangagwa had no legal standing to withhold her salary.
In a letter addressed to Justice Ndewere’s lawyer, Beatrice Mtetwa, Sibanda said:
<blockquote>At the end of the said letter, I indicated that His Excellency, the President had suspended Ms Justice Ndewere without pay and benefits. After further considerations to the provisions of section 187(10) and 188(4) of the Constitution of Zimbabwe, and receiving expert advice, thereon, His Excellency the President has revoked the reference of the said suspension ‘being without pay and benefits.
Accordingly, she will be on suspension with full pay and benefits reckoned from the date of the original suspension.</blockquote>
Through her lawyer, Mtetwa, Justice Ndewere on November 5, 2020, wrote to Sibanda advising that Mnangagwa did not have legal standing to dock her salary and benefits.
President Mnangagwa early this month suspended Justice Ndewere and set up a tribunal to investigate her over conduct deemed as inconsistent with that of a judicial officer.
Mnangagwa this Wednesday swore in a three-member tribunal headed by retired judge Justice Simbi Mubako and comprising lawyer Charles Warara and Yvonne Masora to investigate Justice Ndewere.
<h4>More: <a href="https://www.newsday.co.zw/2020/11/mnangagwa-gives-in-to-ndeweres-demands/" rel="noopener noreferrer" target="_blank">NewsDay</a></h4>

Mnangagwa Restores Justice Ndewere's Salary And Benefits

President Emmerson Mnangagwa has sworn in a three-member tribunal to investigate High Court judge Justice Erica Ndewere’s fitness to hold office.
The tribunal will be chaired by retired Judge Justice Simbi Mubako and comprises Yvonne Masora and Charles Warara.
President Emmerson Mnangagwa appointed the tribunal following recommendations made by Judicial Service Commission (JSC).
The JSC accuses Justice Ndewere of failure to clear her workload in reasonable time and failure to properly study the file on a thief’s conviction and sentence when she set aside a jail term.

President Mnangagwa Swears In Justice Ndewere Tribunal

High Court judge Justice Erica Ndewere has asked President Emmerson Mnangagwa to probe the conduct of Chief Justice Luke Malaba, saying if he is left unchecked, his conduct will negatively affect Zimbabwe’s justice system and scare away foreign investors.
This came as the hearing to interdict Mnangagwa from suspending Justice Ndewere was set to be heard this Wednesday before Justice Benjamin Chikowero.
On Tuesday, Justice Ndewere’s lawyers, Mtetwa and Nyambirai also wrote to Chief Secretary to the President and Cabinet, Misheck Sibanda, asking him to restore the judge’s salary and benefits as the action was unlawful.
In a letter dated November 5, 2020, addressed to Mnangagwa and copied to Malaba, the Judicial Service Commission (JSC), Judge President George Chiweshe and Justice, Legal and Parliamentary Affairs minister Ziyambi Ziyambi, Justice Ndewere wrote:
<blockquote>The interference by the Chief Justice affects the independence and impartiality of judicial officers when they make decisions in cases before them.
A failure to investigate the conduct of the Chief Justice will adversely affect the entire justice delivery system which will in turn negatively impact on Your Excellency’s attempts at attracting foreign investors into Zimbabwe.
… My view is if the Chief Justice is left unchecked, he is now a danger to the High Court.
This is because although we are working very hard as a court, the Chief Justice does not seem satisfied.
He has started with me. The question is who is next from the other 17 on the list?</blockquote>
University of Kent law lecturer, Alex Magaisa, believes that it is highly unlikely that Mnangagwa will take heed of Judge Ndewere’s call.
<a href="https://twitter.com/Wamagaisa/status/1326566453294862339" rel="noopener noreferrer" target="_blank">Posting on Twitter</a>, Magaisa observed that if anything, Justice Ndewere’s call for Malaba CJ to be probed will get her into more trouble.
However, the significance is that one judge is taking on the might of a terribly vicious system and though the system won’t allow her to win, her courage to fight deserves applause, said Magaisa.
<h4>More: <a href="https://www.newsday.co.zw/2020/11/probe-cj-malaba-judge-tells-ed/" rel="noopener noreferrer" target="_blank">NewsDay</a></h4>

Justice Ndewere Asks ED To Investigate Chief Justice Malaba

Zimbabwe’s top politicians have been slammed for demeaning women by their failure to resolve their domestic issues amicably.
In an editorial this Monday, the NewsDay criticised Vice President Constantino Chiwenga, Vice President Kembo Mohadi and Justice Minister Ziyambi Ziyambi over the manner in which they have treated their estranged wives.
Chiwenga assigned soldiers to dump his estranged wife, Marry’s property taken from the couple’s Borrowdale Brooke mansion at her Eastlea offices in Harare on Friday.
The property, which included plates, clothes, blankets and kitchen utensils, was left strewn at Marry’s offices.
Mohadi reportedly wielded an axe against his estranged wife, Tambudzani, as they fought for the property during divorce proceedings.
Meanwhile, Ziyambi is currently embroiled in a messy divorce with his estranged wife, Florence and she has claimed that Ziyambi is using his alleged lover from the sheriff’s office, to falsify information on returns of service.
President Emmerson Mnangagwa is also accused of failing to respect women after he withdrew suspended judge Justice Erica Ndewere’s VVIP security and other benefits while she is on suspension.
Zimbabwe is a signatory to the Beijing Declaration of 1995, the Protocol to the African Charter on Women’s Rights of 2003 and the SADC Protocol on Gender and Development of 2008.
The country has ratified the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) of 1991.
<h4>More: <a href="https://www.newsday.co.zw/2020/11/vips-handling-of-domestic-issues-demean-women/" rel="noopener noreferrer" target="_blank">NewsDay</a></h4>

Zimbabwe's Top Politicians Criticised For Shaming Women

President Emmerson Mnangagwa on Thursday suspended High Court judge Justice Erica Ndewere and appointed a three-member tribunal to investigate her for alleged misconduct following a recommendation by the Judicial Service Commission (JSC).
The tribunal is chaired by retired judge Justice Simbi Mubako and other members are Yvonne Masvora and Charles Warara.
Earlier this week, the JSC recommended that a tribunal be set up to investigate whether or not Justice Ndewere was fit to hold office.
The JSC accused Justice Ndewere of failure to clear her workload in reasonable time and failure to properly study the file on a thief’s conviction and sentence when she set aside a jail term.
However, the judge lashed out at Chief Justice Luke Malaba, accusing him of trying to fix her for defying his unlawful order in cases involving bail for former Tourism minister Priscah Mupfumira and MDC Alliance vice-chairperson Job Sikhala.
<h4>More: <a href="https://www.newsday.co.zw/2020/11/mnangagwa-suspends-justice-ndewere-sets-up-tribunal/" rel="noopener noreferrer" target="_blank">NewsDay</a></h4>

Justice Erica Ndewere Suspended

Suspended High Court judge Justice Erica Ndewere on Monday withdrew an urgent High Court chamber application she had filed a few hours earlier, challenging a decision of the Judicial Service Commission (JSC) to ask President Emmerson Mnangagwa to establish a tribunal to investigate her for misconduct.
<a href="https://news.pindula.co.zw/2020/10/26/jsc-recommends-tribunal-to-investigate-justice-erica-ndewere/" rel="noopener noreferrer" target="_blank">The JSC accuses Justice Ndewere of failure to clear her workload in reasonable time and failure to properly study the file on a thief’s conviction and sentence when she set aside a jail term.</a>
In her application challenging the JSC’s decision to ask Mnangagwa to establish a tribunal, Justice Ndewere accused Chief Justice Luke Malaba of pursuing a personal vendetta after she ignored an illegal order by him to rule in a certain way in a bail application. Her notice of withdrawal read:
<blockquote>The applicant, hereby, files a notice of withdrawal of the urge chamber application and tenders costs.</blockquote>
In her chamber application, Justice Ndewere had cited Mnangagwa, Justice Malaba, Judge President George Chiweshe, the JSC and Justice minister Ziyambi Ziyambi as respondents. She said:
<blockquote>It is unclear to me why the second respondent (Justice Malaba) is working with a common purpose to have me brought before a tribunal when they have clearly failed to comply with the Constitution and the code.
I am also concerned that I am being unfairly treated by CJ Malaba and the JSC. In my view, the second respondent is victimising me for refusing to follow his unlawful instruction which he issued in August 2019 in connection with a bail matter I handled that month.
This is why even before I had explained in June this year, CJ Malaba told Judge President Chiweshe to tell me that he wanted to take me to the tribunal.</blockquote>
<h4>More: <a href="https://www.newsday.co.zw/2020/10/suspended-judge-in-court-drama/" rel="noopener noreferrer" target="_blank">NewsDay</a></h4>

Suspended High Court Judge In Dramatic U-turn

The Judicial Service Commission (JSC) has recommended a tribunal to investigate High Court judge Justice Erica Ndewere’s fitness to hold office.
The JSC accuses Justice Ndewere of failure to clear her workload in reasonable time and failure to properly study the file on a thief’s conviction and sentence when she set aside a jail term.
In the case of setting aside the jail term of a thief, Justice Ndewere recommended community service for Kenneth Majecha (21), who had been locked up by a Marondera magistrate.
Justice Ndewere referred to Majecha as a youth and a first offender yet he had three previous convictions and the court record showed this and included copies of the required certificates.
The JSC argued that Justice Ndewere decided on the case without fully reading the record of proceedings, the trial magistrate’s reasons for sentence and the attached certificates of previous convictions.
In the case of the judge’s failure to clear her workload in a reasonable time, the JSC contends that by June 30 last year, Justice Ndewere had 12 reserved judgments which had gone for at least two years without a determination.
By May 18 this year, the judge had 28 pending cases with judgments having been reserved for periods stretching from nine to 24 months.
Failure to deliver a reserved judgment within a period of 90 days is a breach of the JSC (Code of Ethics) Regulations of 2012.
Justice Ndewere is, however, fighting to stop President Emmerson Mnangagwa from constituting the tribunal the JSC desires, saying that she is being victimised.
<h4>More: <a href="https://www.herald.co.zw/jsc-recommends-tribunal-to-probe-justice-ndewere/" rel="noopener noreferrer" target="_blank">The Herald</a></h4>

JSC Recommends Tribunal To Investigate Justice Erica Ndewere

The man who murdered a Roman Catholic Sister before r_ping her dead body was on Wednesday freed by<a href="https://www.pindula.co.zw/High_Court_of_Zimbabwe" rel="noopener noreferrer" target="_blank"> High Court</a> Judge, <a href="https://www.pindula.co.zw/Erica_Ndewere" rel="noopener noreferrer" target="_blank">Erica Ndewere</a>.
The man who is from <a href="https://www.pindula.co.zw/Mutoko" rel="noopener noreferrer" target="_blank">Mutoko</a> and identified as Potani cannot be punished because he committed the offence when he was mentally sick, the judge ruled. Patience Mavinganidze, the doctor who examined Potani had said:
<blockquote>My examination revealed that Enock Potani started showing symptoms of mental disorder in 2013. He would burn houses and property, shout at people and bath continuously.
Medical certificates done at the time show that he had paranoid delusions (excessive suspiciousness), auditory and visual hallucinations, hearing and seeing things not there.
At the time of the alleged offence, he was mentally disordered which prevented him from appreciating the wrongfulness of his actions. I examined him, he is now of sound mind.</blockquote>
Potani murdered Sister Plaxedes Kamundiya who was an official at St Georges High School in Mutoko. She had gone to The Glorious Cross of Life shrine in Mutemwa Mountain for a prayer retreat.
Kamundiya’s body was found a few days after she had gone missing. Potani confessed to killing her.
<h4>More: <a href="https://www.newzimbabwe.com/roman-catholic-nuns-killer-rapist-set-free/" rel="noopener noreferrer" target="_blank">NewZimbabwe</a></h4>

Man Who Murdered And R_ped Roman Catholic Nun Freed

A High Court judge has ordered Harare City Council to stop developments on a wetland in Greendale suburb after it failed to produce an Environmental Impact Assessment of the area.
Justice Erica Ndewere ruled in favour of the Greendale Residents and Ratepayers Association.
The Environmental Management Agency (Ema) and minister of Local Government were the respondents. In her ruling, Justice Ndewere said:
<blockquote>The first respondent’s (HCC) residential housing development on the Latimer/Greengrove Wetland area and the Nature Reserve and open and passive space also known as Stand 298 Athlone Township is hereby declared unlawful. The first respondent shall pay costs on an ordinary scale.</blockquote>
Harare Wetlands coordinator Dorothy Wakeling reiterated the value of wetlands to the ecosystem. She said:
<blockquote>Councillors and legislators should be educated on the power that wetlands have. They store water for the major rivers and lakes so that in those dry seasons they can release it.
They act like sponges. However, if we continue destroying them, Harare’s water problems will only get worse.</blockquote>
<h4>More: <a href="https://www.dailynews.co.zw/articles/2019/06/03/high-court-stops-developments-on-greendale-wetland" rel="noopener noreferrer" target="_blank">Daily News</a></h4>

High Court Rules Against Destruction Of Greendale Wetland

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