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Government employees under the Judicial Service Commission (JSC) allege they have been barred from complaining about poor working conditions while their bosses enjoy perks.
The workers have also accused JSC secretary Walter Chikwana and senior magistrates of ignoring their concerns and threatening them with dismissal if they complain about the labour injustices.
Magistrates and other senior managers were reportedly awarded a US$150 allowance recently while the support staff was sidelined.
Speaking to <a href="https://www.newsday.co.zw/local-news/article/200027506/jsc-workers-cross-swords-over-salaries">NewsDay</a> on Monday, Chikwana, however, dismissed the workers’ allegations. He said:
<blockquote>
There is nothing like that happening at the JSC. It is not possible for someone to be earning merely just ZiG10 or ZiG12.
Look, all civil servants get their salaries from the Salary Service Bureau (SSB), it is across the board. There is no way the government would neglect JSC workers.
It is a lie that the chief magistrate’s department civil litigants cannot access their records without an email address.
Records are still being accessed manually because we have not yet installed the Electronic Case Management System at the magistrates court.
</blockquote>
The JSC workers insist they have not been receiving payslips for the past three months and that some employees were paid around US$250 and around ZiG500.
In an open letter seeking authorities’ intervention, JSC workers claim that some of them took home ZiG10 or ZiG12. Part of the letter reads:
<blockquote>
About two years ago when SSB requested grades so that it could adjust salary payments, JSC only submitted those of magistrates, while the rest of the staff was left out.
Which is why in general, JSC staff is paid lower than any other government workers save for magistrates and a select few at the secretariat.
They encouraged us to form a union, but as soon as that was done and the process was gathering momentum, those that were at the forefront found themselves being victimised, facing charges and being transferred.
</blockquote>
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

Pindula News

Judicial Service Commission Workers Bemoan "Paltry" Salaries

Some senior and clerical staffers at the Rusape Magistrates’ Court are allegedly issuing marriage certificates to ghost couples.
<a href="https://www.manicapost.co.zw/marriage-certificates-for-sale/">The Manica Post</a> reported that the accused persons are conducting marriage ceremonies in the absence of spouses and witnesses.
The Magistrate in charge of the station, Annie Ndiraya; as well as Magistrate Rufaro Mangwiro and one clerk of court only identified as Tede are alleged to be part of the scam.
The marriage certificates are reportedly being sold for a fee ranging from US$200 to US$500.
The Judicial Services Commission (JSC) recently conducted an audit at Rusape Magistrates’ Court which was confirmed by JSC spokesperson, Daniel Nemukuyu. He said:
<blockquote>
A routine audit was conducted at Rusape Magistrates’ Court, and we are waiting for the findings.
The outcome of the audit will determine the action to be taken.
</blockquote>
Contacted for comment by The Manica Post Ndiraya refused to comment citing protocol restrictions.
Mangwiro was reportedly not picking up calls while Tede is understood to be on the run.
The trio is being accused of allegedly issuing 109 marriage certificates and licences to couples who were not physically present.
The fraudulent marriage certificates were allegedly issued from 2021 to date.
Those seeking spousal visas to join their partners abroad were primarily the beneficiaries of the rot.
Paid-up spouses didn’t even have to appear before the magistrates to solemnise their unions.
The Manica Post reported a source as saying Tede is now on the run after getting wind of the audit. Said the source:
<blockquote>
When air travel restrictions were relaxed in 2021, there was a spike in the demand for marriage certificates as people wanted to reunite with their spouses abroad.
This created an avenue for some officials to engage in underhand activities. They have facilitated dubious marriages.
For example, a woman would approach Tede and highlight that her husband who is in Europe cannot travel back to Zimbabwe to physically appear before the court and get married.
However, once a bribe ranging between USD200 and USD500 was paid, the marriage certificate would be issued in the absence of the other spouse and witnesses. These certificates were signed by Ms Mangwiro or Ms Ndiraya.
When quizzed by auditors, the two magistrates denied any wrongdoing. They told the auditors that Tede forged their signatures on the certificates.
Ms Ndiraya was also quizzed on why she failed to detect that some of the certificates had no supporting receipts to prove that payments had been made.
As the one in charge of the station, 109 marriages could not have been processed without her knowledge as she signs the station’s documents.
Tede went AWOL during the course of the audit and has not reported for work since then.
</blockquote>
Reports suggest that marriage fraud in Zimbabwe is a growing concern, particularly with individuals seeking to obtain immigration benefits in other countries.
More: <a href="https://zero.pindula.co.zw/">Pindula News</a>

Senior JSC Staffers Accused Of Selling Marriage Certificates

A Chegutu man’s push for the Judicial Service Commission (JSC) to investigate Justice Tendai Uchena for alleged misconduct has failed.
The man, Shingirai Dendera, claims Justice Uchena fraudulently released suspects who reportedly killed a Chegutu man at a farm in Mandalay Park for alleged maize theft in 2003.
Dendera is a brother to the now-deceased Tambudzai. He claims his brother’s alleged killers were released before the close of the State case, 19 years ago.
The accused in the matter, Fredrick Ngombe, a Mandalay Park farmer, Tonderai Murehwa, Fungai Manyumwa and Amon Terrence stood trial in 2007 on a murder charge at the High Court under file number CR343-4/07/2003, but were released before finalisation of the matter.
On 25 October 2022, Dendera wrote to the JSC demanding that they investigate Justice Uchena over alleged fraudulent conduct. The letter reads in part:
<blockquote>
My complaint is, therefore, against Justice Uchena who was the trial judge.
Mr Muveza, who consented on behalf of the State, was not even the trial prosecutor.
</blockquote>
In response, JSC secretary Bianca Makwande said their investigations established that procedures were correctly followed in granting the suspects bail. Makwande wrote on 18 November 2022:
<blockquote>
The Office of the Registrar is now engaging the National Prosecuting Authority (NPA) with a view to ensure the finalisation of the matter.
Through our engagements with the NPA, we noted that the accused persons were granted bail.
You may be aware that bail is a constitutionally guaranteed right to an accused person, especially if the court considers accused persons as proper candidates for bail.
It was also brought to our attention that you had previously raised the same issues with them, which issues were adequately dealt with.
We would, therefore, advise that you also engage the NPA and the police from your end to ensure the finalisation of the matter.
</blockquote>
Dendera told NewsDay that the JSC was being protective of the judge’s alleged corrupt conduct. | <a href="https://www.newsday.co.zw/local-news/article/200006793/attempt-to-corner-top-judge-hits-brick-wall">NewsDay</a>

Chegutu Man Petitions JSC To Probe Top Judge

The Judicial Service Commission (JSC) says its official website was hacked recently and the hackers posted information that is “patently false and meant to mislead members of the public.”
In a statement issued on Monday, 21 November, JSC said information that has been shared by “Team Pachedu” purportedly taken from its website was posted by “intruders” and therefore false. Part of the statement reads:
<blockquote>
It has come to our attention that there is a Twitter handle, @PacheduZW, operated by what is referred to as ‘Team Pachedu’ which has been sharing some information that they purport to have uplifted from the JSC website.
We wish to inform the public that the information they are sharing which they purport to have accessed through the JSC website is false. We state hereunder some of the false narratives;
Kudzanai Machemedze is not and has never been employed by the Judicial Service Commission.
He was studying towards a BSc Information Systems Honours Degree with the Midlands State University and he applied for Industrial attachment with the JSC on 5 May 2021.
He was on attachment as a student with the JSC from May 2021 to November 2021. He was a student on training, he, therefore, did not have the capacity at all to design or build websites, let alone be involved in JSC procurement processes.
During the COVID-19 era, there were travel restrictions imposed by the Government to contain, combat and prevent the spread of the COVID-19 pandemic.
Courts were declared essential services and members of staff were therefore required to go to work.
For ease of travel, members of the Judicial Service were issued with letters which they would produce to the authorities.
These letters were given in hard copy form and were never posted on the JSC website because they are not part of the regular information shared on the public domain by the JSC.
Whilst we are unable to confirm whether or not one such letter was issued to Mr Machemedze during his time of attachment, we are certain that no such letters were ever posted on our website as alleged.
The quotations and billing invoices which are being attributed to the JSC by Team Pachedu were allegedly issued in 2020.
Without admitting that they are genuine, these documents were issued well before Kudzanai Machemedze started his industrial attachment with the JSC in May 2021.
In any case, Kudzanai Machemedze was never engaged by the JSC as a software developer, neither did he participate in building the JSC website.
He was a student on training, he therefore did not have the capacity to execute such a task as alleged.
The Judicial Service Commission never procured any services for cyber security as alleged. Even if it did, the Judicial Service Commission follows laid down procurement processes which do not involve assigning students on attachment to do procurement on its behalf.
Procurement documents are delivered in hard copy form and subjected to rigorous procurement processes before they are submitted for payment through a Government payment system known as Paynet. This process and the documents thereto are not posted on the JSC website.
The allegations that we received and posted on our website an invoice of USD $119 450 for cyber security are therefore false.
Government through treasury never paid for the alleged USD$119 450.
The information purported to have been accessed on the JSC website by ‘Team Pachedu’ has not been accessed from official information on the JSC website but has been posted by ill-meaning intruders to spin their malicious narrative.
The contents of that information are patently false and meant to mislead members of the public.
The JSC has since launched full scale investigations into the unauthorized intrusion into its website.
Finally, we wish to assure members of the public that the Judicial Service Commission servers are secure.
</blockquote>

Judicial Service Commission Says Its Official Website Was Hacked

The Judicial Service Commission (JSC) on Tuesday officially launched the virtual court system for cases to be completed with speed and efficiency.
The Zimbabwe Prisons and Correctional Services (ZPCS) has in the past failed to take prisoners to court due to transport and fuel challenges, and also restrictions necessitated by the COVID-19 pandemic.
Speaking at the event in Harare, Chief Justice Luke Malaba said the virtual platform would allow for bail applications to be made online as it is also cost-effective. He said:
<blockquote>
Carrying out virtual hearings has many advantages — both to the courts and the litigating public.
Matters are finalised expeditiously and there is the added advantage of participating in the court proceedings in the comfort of your home or office.
Inmates are expected to appear before the courts regularly for routine remands and trials.
The pandemic has at times caused inmates not to appear before the courts as required because of the restrictions imposed to combat the spread of COVID-19.
Through the virtual court hearing platform, it is no longer necessary for inmates to appear physically in court as they can interact with the court virtually while they are in prison.
</blockquote>
Other countries that are using the virtual court system include South Africa, Kenya, Rwanda, Gambia, India and England.
<h4>More: <a href="https://www.newsday.co.zw/2022/02/jsc-commissions-virtual-court/">NewsDay</a></h4>

JSC Launches Virtual Court System

A magistrate based in Kariba resigned last week citing burnout and unfair treatment by the Judicial Service Commission (JSC).
In the resignation letter dated 16 September 2021, Kariba Magistrate Tafadzwa Mhlanga also cited his redeployment from Mvuma to Kariba as one of the factors behind his decision. Wrote Mhlanga:
<blockquote>
My working relationship with the Commission has drastically deteriorated from the time l was moved to Kariba Magistrates’ Court in January 2020.
From the onset, l had vehemently objected to the redeployment exercise from Mvuma to Kariba Magistrates’ Court in a space of only one-and-half years at Mvuma Court.
The actual basis of my redeployment was unclear. l had to leave my family behind in order to start a new life in Kariba.
</blockquote>
Mhlanga said his bosses at the JSC have repeatedly frustrated his attempts to be transferred from the resort border town.
He also exposed the excessive workload he had to endure working at the Kariba JSC outpost. Said Mhlanga:
<blockquote>
I have been working as a one-man station from September 2020 when Mrs (Bianca) Mahere voluntarily resigned up to this date.
As a result of that, l could not go for two-week breaks that were afforded to other magistrates during that period of lockdown.
It is also difficult for me to get annual off days in the absence of another magistrate.
I am being denied a fundamental right of going on leave due to the absence of a relief magistrate.
It is, therefore, my considered view that it is high time for me to resign from the organisation and explore other employment opportunities.
</blockquote>
JSC secretary Walter Chikwanha, represented by one S. Mutendamambo, accepted the resignation, before ordering the disgruntled law officer to stay home serving his notice period that ends on 14 December.
Meanwhile, Magistrate Munamato Mutevedzi has reportedly been shaken by Mhlanga’s resignation, which comes after Mahere, who was stationed at the same court, resigned last year.
<h4>More: <a href="https://www.newzimbabwe.com/magistrate-resigns-accuses-judicial-commission-of-slavery/">NewZimbabwe.com</a></h4>

Magistrate Resigns, Cites Burnout And Unfair Treatment By JSC

Lawyers representing pro-democracy activist Namatai Kwekweza, Scanlen and Holderness, have written a letter to the Judicial Service Commission (JSC) demanding details of how former Chief Justice Malaba’s secured his tenure renewal beyond 70 years.
Kwekweza has requested the information under the Freedom of Information Act which gives citizens the right to request information from public authorities.
This will put the government and the Judicial Services Commission in the spotlight as they increasingly come under pressure and scrutiny. Read the letter below:
<blockquote>RE: APPLICATION FOR ACCESS TO INFORMATION: EXTENSION OF THE CHIEF JUSTICE’S TENURE
We refer to the above matter in which we act for NAMATAI KWEKWEZA. Kindly note our interest.
In terms of section 62 of the Constitution of Zimbabwe and in terms of section 7 of the Freedom of Information Act (Chapter 10:33) our client applies for access to copies of records of the following information:
1. How did the Judicial Services Commission come to a decision on the appropriate 
recommendation to make to the President under section 186(1) of the Constitution of Zimbabwe relating to Hon Luke Malaba’s bid to continue as Chief Justice for another five years?
1.1. In particular was a meeting held by the Commissioners for this purpose? 
1.2. Was a resolution passed to make the appropriate recommendation? If so, may we have a copy of the Resolution 
1.3. If a resolution was passed in regard to (1.2) above, which Commissioners of the judicial Services Commission voted in favour of recommending that Hon Luke Malaba’s tenure be extended for another five years and which Commissioners voted against it? 
1.4. Did any Commissioners or members of the board abstain from voting? If so, who? 
1.5. Did Hon Luke Malaba communicate that he was conflicted in relation to this decision?
2. Did the Judicial Services Commission meet to consider whether to become involved in the litigation launched by Musa Kika in the High Court under case number HC 2128/21 and that by the Young Lawyers Association of Zimbabwe?
2.1. If it met, when and where did it meet? 2.2. If it did not meet – does the Judicial Services Commission, consider that the general resolution passed in 2019 empowers its secretariat to make its own decision on matters of such consequence? 
2.3. Was a resolution passed specifically relating to this litigation? 
2.4. If a resolution was passed which Commissioners voted in favour of the resolution and which Commissioners voted against the resolution? 
2.5. Did any Commissioners or members of the board abstain from voting? If so, who? 
2.6. Did the Hon Luke Malaba declare a conflict of interest and abstain from voting? If not, why did he not do so? 
2.7. Was a resolution passed to the effect that the JSC lawyer was to represent the Hon judges cited in the litigation? 
2.8. If such a resolution was passed, were the Hon judges concerned consulted? 
2.9. If the Hon Judges concerned were consulted, how were they consulted and who took what position?
As you are aware, the High Court has found, in the separate matters filed by Musa Kika and Young Lawyers Association of Zimbabwe that these are urgent matters.
We also believe that this is information that is immediately available to the JSC.
In that respect, we, therefore, seek an immediate response in terms of Section 7(3) of the Freedom of Information Act Chapter 10:33 and at any rate no later than end of business day of Monday 24 May 2020.
We draw your attention to your obligations under section 191 of the Constitution which requires that you conduct your business in a just, fair and transparent manner.
We tender costs for the photocopying of the required documents.
Yours faithfully,
SCANLEN &amp; HOLDERNESS</blockquote>

Pro-democracy Activist Namatai Kwekweza Demands Details On Malaba Tenure Extension

The Judicial Service Commission (JSC) has announced the death of Harare Regional Magistrate Morgan Nemadire.
Nemadire died on Saturday, 6 February 2021, aged 56. The JSC said in a statement:
<blockquote>The Judicial Service Commission has learnt with great shock about the untimely passing on of Regional Magistrate Mr Morgan Nemadire today, Saturday, 6 March 2021.
Mr Nemadire was born on the 18th of January 1965. He joined the Ministry of Justice, Legal and Parliamentary Affairs as a Public Prosecutor on 7 July 1992.
He rose through the ranks to become a Chief Law Officer, following which he moved to the Judicial Service Commission as a Regional Magistrate in 2006, a position he held until the time of his death.
We wish to express our deepest condolences to the Nemadire family. We share in your sadness as we remember Mr Morgan Nemadire and his immense contribution to the justice delivery system.
Funeral arrangements will be announced in due course.</blockquote>
Nemadire was arrested in December on criminal abuse of office charges. He has been out on $5 000 bail.
He was accused of having leniently fined a Venezuelan national, Delcy Daymar Rodriguez, $700 for carrying 5kg cocaine worth US$469 000 in her luggage from Brazil into Harare.

Prominent Harare Magistrate Dies

The Judicial Service Commission has released a statement stating that it will investigate Justice Thompson Mabhikwa’s relationship with a lady who reportedly works for a fellow judge in Bulawayo who on Saturday <a href="https://news.pindula.co.zw/2021/02/20/justice-mabhikwas-enraged-lover-sends-his-nudes-to-a-judges-whatsapp-group-report/">sent his nudes to a judges’ WhatsApp group</a> and to some of his contacts.
In the statement the JSC said investigations are currently underway:
<blockquote>
ALLEGATIONS AGAINST A MEMBER OF THE JUDICIARY
The Judicial Service Commission has taken note of the offensive /indecent material circulating on various media platforms and the alleged relationship between a member of the Judiciary and a member of the support staff.
The Commission wishes to advise that investigations into the matter are underway and the public will be advised of the results thereof in due course.</blockquote>
<img alt="" class="alignnone wp-image-197479 size-full" decoding="async" height="2339" loading="lazy" sizes="(max-width: 1653px) 100vw, 1653px" src="https://t792ae.c2.acecdn.net/wp-content/uploads/2021/02/JSE-statement.jpg" srcset="https://news.pindula.co.zw/wp-content/uploads/2021/02/JSE-statement.jpg 1653w, https://news.pindula.co.zw/wp-content/uploads/2021/02/JSE-statement-212x300.jpg 212w, https://news.pindula.co.zw/wp-content/uploads/2021/02/JSE-statement-724x1024.jpg 724w, https://news.pindula.co.zw/wp-content/uploads/2021/02/JSE-statement-768x1087.jpg 768w, https://news.pindula.co.zw/wp-content/uploads/2021/02/JSE-statement-1086x1536.jpg 1086w, https://news.pindula.co.zw/wp-content/uploads/2021/02/JSE-statement-1447x2048.jpg 1447w, https://news.pindula.co.zw/wp-content/uploads/2021/02/JSE-statement-1320x1868.jpg 1320w" width="1653"/>

FULL TEXT: JSC To Investigate Justice Mabhikwa's Relationship With A JSC Staff Member

High Court Judge Justice Thompson Mabikwa’s angry lover reportedly send the esteemed judge’s nude photos to a group of fellow judges using his cellphone after she discovered he was seeing another woman, ZimLive reports.
The woman believed to be Oratile Nare, a young assistant of Justice Maxwell Takuva, a fellow Bulawayo High Court judge is believed to be the one who embarrassed the widowed judge in such a manner after she discovered he had sent nude pictures of himself to another woman the night they were together.
Nare reported;y left the judge’s house with the judge’s phone after the discovery and further went on to send the conversation between the judge and the pictures between the pair to a group of JSC judges and to some of his contacts via WhatsApp.
A police report was reportedly made and JSC is reportedly going to respond to the incident on Monday. Meanwhile, <a href="https://news.pindula.co.zw/2021/02/19/audio-vp-kembo-mohadis-phone-was-cloned-aide/">VP Mohadi was reportedly cloned</a> and audios of him and his lovers some of them containing raunchy conversations have flooded social media.
Source: <a href="https://www.zimlive.com/2021/02/20/justice-mabhikwa-in-hot-water-after-his-nudes-sent-to-judges-group/">ZimLive</a>

Justice Mabhikwa's Enraged Lover Sends His Nudes To A Judges WhatsApp Group - Report

6 High court judges and several judiciary service commission officials are reportedly in quarantine after they contracted COVID-19, The NewsHawks reports.
This has even prompted Chief Justice Luke Malaba to issue a practice direction 3 of 2021 which regulates the operations of the court during the extended lockdown.
A source that spoke to the publication about the development said judges were going to court on an ad hoc basis:
<blockquote>There are six judges currently on quarantine. Four (names supplied) tested positive, while two have had their close family members test positive. Besides those, a number of staff members are also on Covid-19 quarantine and this has seriously affected work here
It’s a crisis. Judges are coming on ad hoc basis, mainly for bail hearings but a lot of cases have been indefinitely postponed. What this implies that when normalcy returns, there will be a huge backlog of cases which will take a long time to clear.</blockquote>
Lawyers are saying the development since the lockdown has started has resulted in some of their cases being postponed indefinitely and some lawyers are frustrated by the situation and they cannot do anything about it.
Last week a <a href="https://news.pindula.co.zw/2021/02/01/high-court-judge-justice-clement-phiri-succumbs-to-covid-19/">High court judge from Marondera</a> succumbed to the virus.
More: <a href="https://thenewshawks.com/covid-19-grips-six-high-court-judges/">The NewsHawks</a>

6 High Court Judges Battling COVID-19 - Report

The Judicial Service Commission (JSC) says it will on Tuesday make an announcement on how justice will continue to be administered under the Level Four national lockdown which comes into effect at midnight today.
In a statement this Monday, the JSC said that consultations are underway on how courts will operate during the lockdown in an environment safe for staff and clients from the deadly coronavirus. The statement read:
<blockquote>Following the reintroduction of level IV lockdown measures announced by the government on Saturday the 2nd of January 2021 which take effect for 30 days from Tuesday the 5th of January 2021, the Judicial Service Commission (JSC) would like to inform the nation that consultations are underway to ascertain the best way forward to ensure justice remains accessible while still protecting staff and clients from the deadly Corona Virus.
The JSC would like to clarify that the document circulating on social media purported to have been issued by the Chief Justice as Practice Direction 1 of 2021 is a draft which is still being considered by the Chief Justice and all stakeholders involved.
The correct verified Practice Direction shall be issued tomorrow the 5th of January at 8 am.</blockquote>

JSC To Announce Guidelines On How Courts Will Operate During The Lockdown

In a leaked letter that was addressed to President Mnangagwa by Judges who were<a href="https://news.pindula.co.zw/2020/10/28/full-text-judges-complain-to-ed-about-chief-justice-malaba/"> complaining about Chief Justice Malaba</a>, the Judges revealed that relatives of senior officials at the Judiciary service commission (JSC) are providing services to the commission in a clear case of corruption.
The letter further went on to reveal a case in point of how a law firm in which Chief Justice Malaba’s daughter is a partner is providing legal services to the JSC.
Complained the Judges:
<blockquote>…The renovation and furnishing of court rooms by relatives of senior JSC personnel across the country remains a topical issue which Commissioners do not appear to be addressing.
The provision of other services by relatives of other JSC personnel including by a firm of lawyers where the CJ’s daughter is a partner raises many conflict of interest issues as charges by the law firm are not likely to be subjected to scrutiny.
And given the wide powers that the CJ has arrogated to himself, there is the ethical Issue of whether this law firm can ever lose a case in the superior courts as the CJ determines who hears which case…</blockquote>
The judges also said the JSC abandoned hiring services from <a href="https://news.pindula.co.zw/2020/10/28/marry-and-chiwengas-events-company-providing-services-to-the-jsc-at-inflated-prices-judges/">Rooneys and started hiring services from an events company owned by VP Chiwenga</a> and his estranged wife Marry.
Source: <a href="https://t792ae.c2.acecdn.net/wp-content/uploads/2020/10/Judges-Complain-to-Mnangagwa-about-Chief-Justice-Malaba-1.pdf">Judges Complain to Mnangagwa about Chief Justice Malaba (1)</a>

Relatives Of Senior JSC Officials Providing Services To The JSC - Judges

In a letter penned by <a href="https://news.pindula.co.zw/2020/10/28/full-text-judges-complain-to-ed-about-chief-justice-malaba/">judges to President Emmerson Mnangagwa complaining about Chief Justice Luke Malaba</a> and how he is running the judiciary service commission, the judges accused Justice Malaba of the following things:
<ol>
<li>The Chief Justice rules without fetter</li>
<li>The Chief Justice now routinely interferes with magistrates and their decisions through the Chief Magistrates’ office.</li>
<li>Promotion without interviews of senior personnel within the Judicial Service Commission</li>
<li>Where certain decisions are made which are unpopular with the Chief Justice, parties are directed to appeal with guarantees of success on appeal,</li>
<li>No Supreme Court judgment can be delivered without the Chief Justice’s approval.</li>
<li>All draft judgments in the Supreme Court are circulated amongst all the judges including those who did not hear arguments on the matter. Judges who did not hear an argument on a particular case can influence the result without having even read the record. During the circulation, the Chief Justice can tell the judges to change their judgments</li>
<li>A complaint against Justice Mabhikwa has been allowed to fester and It Is an open secret that the Chief Justice sent a personal emissary to him on how to respond.</li>
<li>He concealed the misconduct allegations against him when he was interviewed for the position of Chief Justice</li>
<li>Most of the decisions paraded as JSC decisions are in fact the Chief Justice’s personal decisions which he instructs the Secretary of the JSC to communicate as Commissioners’ decisions</li>
<li>The Chief Justice rents out one of his houses to the JSC.</li>
<li>Abandoning the hiring of services from Rooneys in favor of hiring these from a company belonging to one of the Vice Presidents and his estranged wife at a cost far higher than that charged by Rooneys</li>
<li>The renovation and furnishing of courtrooms by relatives of senior JSC personnel across the country</li>
<li>The provision of other services by relatives of other JSC personnel including by a firm of lawyers where the CJ’s daughter is a partner</li>
<li>The Chief Justice address judges as they are errant school boys and girls.</li>
<li>In the Supreme Court, judges are humiliated in front of others by being made to “clap for performers” and perceived “non-performers” are dressed down in front of their colleagues</li>
</ol>

LIST: Judges Are Accusing CJ Malaba Of The Following 15 Things In Their Letter To ED

The Judicial Services Commission (JSC) has responded to concerns raised by the Law Society of Zimbabwe (LSZ) over a memorandum that was issued by the Chief Justice Justice Malaba on July 16.
Malaba had directed judges that they could only issue court judgements after approval by the head of the division.
In a letter dated 21 July 2020 and addressed to E. Mapara, LSZ executive secretary, Judicial Service Commission secretary Walter Chikwanha sought to clarify Malaba’s directive. Chikwanha wrote:
<blockquote>Thank you for your letter dated 20 July 2020 addressed to the Chief Justice which you copied to me.
We do confirm that a memorandum was issued by the Chief Justice’s office on the 16th of July 2020.
The background to that memorandum is that the Judicial Service Commission had been receiving a lot of complaints for quite a while from litigants, legal practitioners and members of the public in general on the non-availability of judgments which would have been read in court by Judges.
Following these complaints and subsequent investigations, it was revealed that there were instances where a Judge would deliver a judgment or the operative part of a judgment in court or in chambers but the Judge, for various reasons some of which were genuine, would not immediately avail the judgment for distribution and accessibility to the concerned parties and the public.
The Chief Justice then consulted and engaged with Judges of all the courts on this challenge and received contributions from the Judges on how to deal with the issue.
The memorandum issued was intended to address that problem and it was based on the input that the Chief Justice received from the Judges.
It was meant to guide the Courts and the Judges on the need to pronounce judgments only when they are ready and to make judgments accessible and available to the litigants, legal practitioners and the public immediately after such pronouncement.
This is the spirit upon which the memorandum of 16 July 2020 was written.
We have taken note of the concerns that have been raised by the public, interested persons and organisations regarding paragraph 2 (iv) of the memorandum.
We also believe this is the context in which you have communicated with us on the issue.
We wish to assure the profession and the public at large that the memorandum was not meant to stifle the independence of the Judiciary, neither was it meant to give Heads of Courts/ Stations/ Divisions review powers over judgments and decisions made by fellow Judges.
We now realise that this paragraph has created the unfortunate and unwelcome perception to a memorandum which was put together in an effort to address grievances raised by the profession and litigants regarding the non-availability of judgments that would have been delivered in court.
The Chief Justice is a firm believer in the independence of the Judiciary.
This is a principle that is provided for in our Constitution and which is sacrosanct.
No one, and no arm of government nor even the Chief Justice and the Judicial Service Commission itself should attempt to interfere with such independence.
There should not even be a perception of such interference. This is the perception that has been created by paragraph 2 (iv) of the memorandum and as the Judicial Service Commission, we have to take a position to attend to that perception.
In the circumstances, therefore, the Chief Justice has directed that paragraph 2 (iv) of his memorandum of 16 July 2020 be expunged from that memorandum.
We attach hereto for the attention of the profession a copy of the new memorandum which is also being distributed to the attention of all Judges.
For the avoidance of doubt, the new memorandum cancels and replaces the 16 July 2020 memorandum.
We thank you for raising these concerns with us.
W.T. Chikwana 
Secretary, Judicial Service Commission</blockquote>

Judicial Services Commission Clarifies Malaba's Controversial Directive To Judges {Full Text}

The Judiciary service commission has fired Kwekwe magistrate Story Rushambwa for criminal abuse of office and gross misconduct, New Zimbabwe reports.
The development was confirmed by JSC Spokesperson Rumbidzai Takawira who said:
<blockquote>It is true that Mr. Rushambwa was suspended from work in December 2019 following allegations of criminal abuse of office after he unprocedurally dealt with some cases when he was on vacation leave.
Besides the criminal allegations, the Commission also preferred misconduct charges against him,</blockquote>
Takawira also shed light on what will happen to Rushambwa’s active cases since he has been relieved of his duties:
<blockquote>Further, the law provides that where a judicial officer ceases to hold office or is incapacitated from proceeding with cases he has partly heard, the proceedings are abortive and must commence afresh before another magistrate.
This is what will happen to Mr. Rushambwa’s cases. Prosecution must urgently place them before another magistrate for trial and finalisation.</blockquote>
Rushambwa was in trouble with the law after he allegedly facilitated the release of a stolen car to popular businessman Shepherd Tundiya.
More: <a href="https://www.newzimbabwe.com/jsc-fires-kwekwe-magistrate-for-misconduct/">New Zimbabwe </a>

JSC Relieves Kwekwe Magistrate Of His Duties

The Judicial Service Commission in a bid to minimise the payment of bribes and breeding corruption has embarked on an initiative to ensure that almost every police station in Zimbabwe is equipped with a point of sale machine, The Herald reports.
This was revealed by JSC head of corporate communications Ms Rumbidzai Takawira who said they embraced paying fines with plastic money because it is faster and efficient:
<blockquote>Zimbabwe, like many countries across the world, has evolved into a more cashless economy and people now use what we term “plastic money.
We have ensured all police points have a POS machine for easier transacting, moving from the system that we had before which was a bit slower. So, this is just in line with building efficiency for the transacting public when having to pay fines, like traffic fines.</blockquote>
ZRP National Spokesperson Assistant Commissioner Paul Nyathi said the JSC is also working toward ensuring that people pay their fines using mobile money:
<blockquote>
It is a fact that mobile cellular providers (EcoCash, OneMoney and Telecash) cannot be used by the public to pay deposit fines due to the setup of the machines unless if such service providers have supplied their client with a card they can use to swipe on the POS machine. 
The Judicial Service Commission is engaging banks to facilitate the use of mobile service platforms to accept deposit fines from the public. The ZRP and the Judicial Service Commission are in constant liaison to smoothen the process.
Banks import the machines which are acquired by the Judicial Service Commission, which in turn provides them for use by the police.
</blockquote>
More: <a href="https://www.herald.co.zw/police-stations-get-pos-machines/">The Herald </a>

Point Of Sale Machines For Police Stations

Justice Bere who is supposed to answer to the charges of misconduct after a Harare lawyer accused him of interfering in a civil case, will appear before a three-member tribunal led by retired Justice Simbi Mubako today, The Herald reports.
Justice Bere attempted to stop the hearing and yesterday the High Court ruled that his attempt to delay the hearing was not an urgent matter.
Justice Bere who has denied the accusations levelled against him according to the publication:
<blockquote>
Is accused of meddling in a civil case involving the Zimbabwe National Road Administration and his relatives. Justice Bere allegedly telephoned Mr Ndudzo, who was representing Zinara, asking him to consider settling a civil dispute pitting Zinara and Fremus Enterprises.
Complaints against him were raised before Deputy Chief Justice Elizabeth Gwaunza during a court hearing and Mr Ndudzo was asked to make the complaint in writing.
Justice Bere denied the allegations. In a response to the JSC, the judge, said he only contacted Mr Ndudzo in the context of their personal relationship dating back to the days when they were both members of the Zimbabwe Football Association Ethics Committee. He described the complaint as a falsehood meant to taint his clean record.
</blockquote>
Since his suspension, Justice Bere has made 3 applications, seeking as a matter of urgency an order staying the inquiry into his alleged misconduct. The tribunal to probe the judge’s misconduct will also have Harare lawyer Mrs Rekayi Maphosa and Advocate Takawira Nzombe apart from retired judge Simbi Mubako.
More: <a href="https://www.herald.co.zw/justice-bere-misconduct-hearing-starts/">The Herald </a>

Supreme Court Judge Justice Bere's Misconduct Hearing To Start Today

The Judicial Service Commission today will celebrate 10 years of existence, countrywide the JSC will close all courtrooms and invite members of the public to visit courtrooms and familiarise themselves with the courtrooms and inquire about the operations of the commission and its departments, The Chronicle reports.
Speaking to the publication, JSC Spokesperson Rumbidzai Takawira said:
<blockquote>The courts will be closed. JSC is celebrating a decade of existence and holding the open day on the 10th of June 2020 makes it all the more special. The day marks complete separation of the administration of the affairs of the judiciary from the Ministry of Justice, Legal and Parliamentary Affairs.
The day provides an opportunity for members of the public to ask questions about the operations of the various courts and departments as a means of sensitising them. This serves as a means of informing the public of the operations and activities of the courts and departments, as well as accessibility</blockquote>
JSC officers will be on standby in all 69 courtrooms countrywide today to answer the public’s questions should they have any. JSC will also honour its long-serving members today.
More: <a href="https://www.chronicle.co.zw/all-courtrooms-to-be-closed-today/">The Herald </a>

JSC Closes All Courtrooms To Celebrate Its Existence

A <a href="https://www.pindula.co.zw/Judicial_Service_Commission" rel="noopener noreferrer" target="_blank">Judicial Service Commission (JSC)</a> survey has revealed that thousands of girls below the age of 18 in Zimbabwe have been r_ped in the past 12 months.
While launching the revised protocol on multi-sectoral management of s_xual abuse and violence in Zimbabwe on Thursday, Judicial Services Commission (JSC) secretary Walter Chikwanha urged men to stand up against s_xual violence towards women. He said:
<blockquote>The number of women and children suffering from sexual and gender-based violence in the country remains high. I challenge all men to stand up and be counted in fighting against this barbarism.</blockquote>
There are 1 776 334 adolescent girls aged between 10 and 19 in Zimbabwe, according to the latest United Nations Population Fund’s population census projection report.
According to the National Baseline Survey on the life experiences of adolescents, 9 per cent of the girls aged between 13 and 17 have been r_ped since November 2018.
<h4>More: <a href="https://www.dailynews.co.zw/articles/2019/11/10/thousands-of-girls-raped-in-the-past-year" rel="noopener noreferrer" target="_blank">Daily News</a></h4>

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