Mnangagwa appoints acting High Court judges

President Mnangagwa has appointed three retired judges — Justices November Mtshiya, Nicholas Ndou and Vernanda Ziyambi — as acting judges of the High Court bench to preside over matters in the special courts for Income Tax Appeals and Fiscal Appeals of the higher court.

Their appointment is with effect from Tuesday. Chief Justice Luke Malaba yesterday wrote to the three judges advising them of their appointment.

"This is to inform you that His Excellency the President of the Republic of Zimbabwe Emmerson Dambudzo Mnangagwa, in terms of Section 181(3) of the Constitution of Zimbabwe, has appointed you as an acting judge of the High Court to preside over matters in the Special Court for Income Tax Appeals and Fiscal Appeals of the High Court with effect from 2nd July 2019," read the letter dated July 3, 2019 seen by The Herald.

Justice Mtshiya retired after serving nine years on the bench in 2016. Until his appointment on Tuesday, he was acting judge of Appeal at the Lesotho Appeal Court. Justice Ndou resigned from the bench in 2012 after serving 10 years. He also served at Namibia's Supreme Court bench on a private arrangement, while Justice Ziyambi, until her appointment, was the acting judge of Appeal at the Supreme Court.

A former judge of the Supreme Court, Justice Ziyambi retired on November 30, 2016 at the age of 70.

Meanwhile, 16 prospective candidates have made it through to the Judicial Service Commission public interviews for eight positions of judge of the High Court set for Monday and Tuesday in Harare.

The 16 successfully underwent the first stage of the selection process last week, which consisted of a written test.

Initially, there were 43 nominees, but the number was trimmed to 16 after many of them failed the test, while others withdrew before writing the test.

Those who passed the tests are Advocate Nicholas Webster Chinamora, Christopher Dube Banda, Evangelista Kabasa, Cemis Dembanai Madembo, Benhilda Manyowa, Simba Mawere, Emilia Muchawa and Richard Mutandwa Mufuka, who all will be interviewed on Monday.

The other eight to be interviewed on Tuesday are Ignatious Murambasvina, Tagarira Leon Muringani, Petronella Musarurwa, Siyabona Paul Musithu, Bongani Ndlovu, Rosa Takuva, Sunsley Zisengwe and Tsitsi Olivia Zvedi.

The 43 nominations were done after the invitation to members of the public, and to the President to nominate suitably qualified persons to be appointed as judges of the High Court, in terms of section 180 (4) of the Constitution.

Once the interviews are done, the JSC is required to decide on a list of qualified persons as nominees and send the list to the President for consideration.

After receiving the JSC's list of nominees, the President must then, unless he considers that no-one on the list is suitable for appointment to the High Court, make the eight appointments from that list.

If the President considers that no-one on the list is suitable, he is required to call on the JSC to produce a second list and must make the appointment from that second list according to Section 180(5) of the Constitution. Last month, the JSC held public interviews to choose two judges from the High Court to fill two vacancies at the Supreme Court.

Justices Charles Hungwe and Nicholas Mathonsi succeeded in the interviews, in which three other judges Justices Felistus Chatukuta, Alfas Chitakunye and Samuel Kudya also participated. The pair took oath of office before Chief Justice Malaba on Tuesday. They both pledged to continue upholding the Constitution and ensure they defended the interest of the rule of law without fear or favour.