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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>

Pindula News

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

High Court Judge Erica Ndewere last week had her appeal against the High Court decision <a href="https://zero.pindula.co.zw/former-high-court-judge-erica-ndewere-ordered-to-surrender-vehicle/">ordering her to surrender her operational vehicle</a> has been struck off the roll.
The Judicial Services Commission (JSC) wanted to seize Ndewere’s service vehicle after she was <a href="https://news.pindula.co.zw/2021/06/17/president-mnangagwa-has-fired-justice-ndewere/">fired from the bench on June 17 2021 for gross incompetence</a>.
She, however, retained the Mercedes Benz E300 which is registered in the name of the Master of the High Court, a former department of the JSC.
High Court judge Justice Samuel Deme had ordered Ndewere to surrender the vehicle to the Sheriff for safety until her application contesting her dismissal from the bench was concluded.
Deme also directed the Sheriff to seize the Mercedes Benz vehicle if Ndewere refuses to voluntarily surrender it.
The JSC had sought a High Court authority to repossess the vehicle following her dismissal.
But Ndewere appealed against Deme’s ruling at the Supreme Court, but a three-judge panel of Justices Antonio Guvava, Nicholas Mathonsi and Felistus Chatukuta unanimously agreed to have the appeal struck off the roll.
<h2>Ndewere’s argument:</h2>
<blockquote>
i). Ndewere argued in her court papers that she was entitled to purchase the vehicle in terms of her employment contract.
ii). Ndewere argued that her colleagues who were allocated vehicles on the same day as her have been allowed to purchase their cars. 
iii). 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.
iv). She also argued that the request by the JSC was done unlawfully.
</blockquote>
Her request to purchase the Land Rover was granted on April 9, 2021. But the JSC demanded the return of the Mercedes Benz on April 19 2022, and Ndewere allegedly refused to do so.
<h2><a href="https://zero.pindula.co.zw/">Pindula News</a></h2>

Justice Ndewere's Application Against Seizure Of Her Operational Vehicle Struck Off The Roll

Former High Court judge Erica Ndewere has filed a fresh court application seeking to be reinstated as a judge after she was fired by President Emmerson Mnangagwa on June 17, 2021.
The president, acting on recommendations by a three-member tribunal, dismissed Ndewere over misconduct.
Ndewere is accusing Justice Simbi Mubako-led tribunal of being extremely biased and grossly incompetent when it found her guilty of misconduct.
The former judge claims that her dismissal was part of victimisation after she defied Chief Justice Luke Malaba’s “unlawful orders”.
In the application, Ndewere cited Mnangagwa and the three tribunal members, Justice Mubako, lawyer Charles Warara and Yvonne Masvora, who made recommendations for her removal from the bench, as respondents.
Ndewere, who is being represented by lawyer Beatrice Mtetwa, argued that the tribunal members failed to provide her with all the documents used to convict her, thus violating her right to a fair trial.
She also stated that all the tribunal members had no power to sit for her inquiry after May 18, 2021, when its term of office had expired, hence their recommendation to Mnangagwa after the date was null and void. Ndewere said:
<blockquote>
Having claimed to have given the applicant all fair hearing rights in the report, that the second, third and fourth respondents’ conduct of denying the applicant the right to be heard on an appropriate penalty before sending a dismissal recommendation to the first respondent amounts to a gross irregularity that vitiates their recommendations and the first respondent’s subsequent decision.
</blockquote>
Ndewere argues that the conduct of the tribunal was irregular because it sought evidence outside the hearing which was supposed to be in the public domain and it made recommendations to the President before she was given an opportunity to defend herself.
The review of the tribunal’s recommendations by the High Court is yet to be set down.
More: <a href="https://news.pindula.co.zw">NewsDay</a>

Former High Court Judge Erica Ndewere Fights Expulsion

This afternoon High court Judge, Justice <a href="https://www.pindula.co.zw/Erica_Ndewere">Erica Ndewere</a> granted bail to Terrence Manjengwa who had been in remand since August.
The news of Manjengwa being released was first shared by <a href="https://www.pindula.co.zw/MDC_Alliance">MDC Alliance</a> Secretary General <a href="https://www.pindula.co.zw/Chalton_Hwende">Chalton Hwende</a> who took to Twitter to state that Manjengwa had been granted bail
<blockquote>Breaking News : Terrence Manjengwa granted bail at the High Court by Justice Erica Ndewere.</blockquote>
The MDC Alliance also confirmed the news on their Twitter account. <a href="https://news.pindula.co.zw/2020/10/18/twimbos-start-freeterencemanjengwa-campaign/">Manjengwa was arrested</a> on 29 August as he was protesting the arrest of <a href="https://www.pindula.co.zw/Job_Sikhala">Job Sikhala</a> and he had been in remand for over 60 days. Ruling on his bail application on 24 September was reserved till today, 36 days later.
Twimbos started #FreeTerrenceManjengwa 50 days after young Manjengwa had been arrested, <a href="https://news.pindula.co.zw/2020/10/18/british-actress-thandie-newton-joins-freeterrencemanjengwa/">British actress Thandie Newton</a> also joined the movement.
Source: <a href="https://twitter.com/hwendec/status/1322128367819366400">Chalton Hwende Twitter</a>

Justice Ndewere Grants Terrence Manjengwa Bail

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