News / Africa
Chidyausiku to write to Mugabe about Hungwe
09 Apr 2013 at 20:03hrs | Views
CHIEF Justice Godfrey Chidyausiku will write to President Mugabe to explain the allegations of misconduct being levelled against High Court judge Justice Charles Hungwe.
Highly-placed sources at the High Court said yesterday that Justice Chidyausiku was likely to write to the Head of State and Government and Commander-in-Chief of the
Zimbabwe Defence Forces in terms of section 87 (3) of the Constitution that deals with the removal of judges from office.
The source said this comes in the wake of a recent meeting the Chief Justice had with Justice Hungwe where he explained the charges being levelled against him.
"After explaining the charges to Justice Hungwe, the Chief Justice asked him if he had anything to say in his defence to which Justice Hungwe said 'No, I am in your hands."'
However, The Herald could not establish when the Chief Justice was likely to write to the President.
The source said the Chief Justice is likely to write on complaints regarding delays Justice Hungwe made in finalising a case pitting the State against Jonathan Mutsinze, an armed robber and murderer he convicted 10 years ago but has failed to sentence after losing the court record.
Justice Hungwe is also being accused of issuing a search warrant to the Zimbabwe Anti-Corruption Commission mid March this year in circumstances that were questionable and at variance with the Anti-Corruption Commission Act.
Armed with the order, the ZACC investigators targeted mainly Zanu-PF ministers in Government, among them Transport, Communication and Infrastructural Development Minister Cde Nicholas Goche, Mines and Mining Development Minister Obert Mpofu and Youth Development, Indigenisation and Empowerment Minister Saviour Kasukuwere.
Justice Hungwe, the source said, was also told the order he issued for the release of lawyer Mrs Beatrice Mtetwa ' who had been arrested by the police facing charges of obstructing the course of justice ' was in question.
Reports say the order was issued at midnight at Justice Hungwe's farm in Darwendale in Mashonaland West Province in the presence of a High Court official and Mrs Mtetwa's defence team.
The source said the police and Attorney-General's Office were not given the opportunity to be heard before the order was issued out.
The President is empowered, in terms of section 87 (3) of the Constitution, to order some investigations into the conduct of a judge upon being apprised of the matter by the Chief Justice.
The law reads: "If, in the case of a judge of the Supreme Court or the High Court other than the Chief Justice, the Chief Justice advises the President that the question of removal from office of the judge concerned ought to be investigated, the President shall appoint a tribunal to inquire into the matter."
In terms of the same section, the President instituted a Commission of Inquiry to probe the conduct of retired judge Justice Fergus Blackie at the instance of former Chief Justice Anthony Gubbay when he failed to discharge his duties in similar circumstances.
The Law Society of Zimbabwe issued a statement expressing concern at what they perceived as deliberate targeting of Justice Hungwe without saying anything about people affected by his conduct.
Highly-placed sources at the High Court said yesterday that Justice Chidyausiku was likely to write to the Head of State and Government and Commander-in-Chief of the
Zimbabwe Defence Forces in terms of section 87 (3) of the Constitution that deals with the removal of judges from office.
The source said this comes in the wake of a recent meeting the Chief Justice had with Justice Hungwe where he explained the charges being levelled against him.
"After explaining the charges to Justice Hungwe, the Chief Justice asked him if he had anything to say in his defence to which Justice Hungwe said 'No, I am in your hands."'
However, The Herald could not establish when the Chief Justice was likely to write to the President.
The source said the Chief Justice is likely to write on complaints regarding delays Justice Hungwe made in finalising a case pitting the State against Jonathan Mutsinze, an armed robber and murderer he convicted 10 years ago but has failed to sentence after losing the court record.
Justice Hungwe is also being accused of issuing a search warrant to the Zimbabwe Anti-Corruption Commission mid March this year in circumstances that were questionable and at variance with the Anti-Corruption Commission Act.
Justice Hungwe, the source said, was also told the order he issued for the release of lawyer Mrs Beatrice Mtetwa ' who had been arrested by the police facing charges of obstructing the course of justice ' was in question.
Reports say the order was issued at midnight at Justice Hungwe's farm in Darwendale in Mashonaland West Province in the presence of a High Court official and Mrs Mtetwa's defence team.
The source said the police and Attorney-General's Office were not given the opportunity to be heard before the order was issued out.
The President is empowered, in terms of section 87 (3) of the Constitution, to order some investigations into the conduct of a judge upon being apprised of the matter by the Chief Justice.
The law reads: "If, in the case of a judge of the Supreme Court or the High Court other than the Chief Justice, the Chief Justice advises the President that the question of removal from office of the judge concerned ought to be investigated, the President shall appoint a tribunal to inquire into the matter."
In terms of the same section, the President instituted a Commission of Inquiry to probe the conduct of retired judge Justice Fergus Blackie at the instance of former Chief Justice Anthony Gubbay when he failed to discharge his duties in similar circumstances.
The Law Society of Zimbabwe issued a statement expressing concern at what they perceived as deliberate targeting of Justice Hungwe without saying anything about people affected by his conduct.
Source - TH
