News / Local
Kasukuwere's lawyer in hot soup for scandalising the court
18 Aug 2023 at 14:59hrs | Views
Savior Kasukuwere's lawyer Jaqueline Sande has been ordered by the Judicial Services Commission (JSC) to retract and apologise for her comments made in connection to the matter of Kasukuwere and Lovedale Mangwana.
Sande is alleged to have made comments that are factually and legally incorrect and without any basis during the press conference.
Said the JSC in a letter addressed to Sande, "During the press conference, you made serious objectionable remarks that denigrated the Judiciary in general, and the Supreme Court and its Honourable Judges, in particular."
The JSC highlighted the extracted remarks which it considered objectionable and offensive.
"You are a practising legal practitioner and a principal of a named law firm, Sande and Associates. You are therefore an officer of the court. You made unsavory and contemptuous comments on the Supreme Court bench because of the decision made by the Court that you did not like, and, which was now pending in the Constitutional Court. A time-honored practice, which has crystallized into law, prohibits the making of inappropriate statements on matters pending before the courts," said the JSC.
"The statements you made have the effect of scandalizing the court and its judges by ascribing to it political motivation in its decision. This is because it is not true that the Court and the judges are colluding with political parties and other political players as you stated.
"As a legal practitioner, you must be aware that it is not uncommon for decisions of the courts to be handed down ex tempore and later followed by a full judgment. The inflammatory and reckless utterances you, therefore, made in the circumstances were not warranted. Moreso, you did not at any time as is the norm by legal practitioners request for written reasons from the Supreme Court."
"The comments as highlighted above ore vicious and concentrated attacks intended to vilify, denigrate and demean the integrity of the Supreme Court and its judges. The Judicial Service Commission is concerned that your statements if left unchallenged, intrude on the independence of the courts and undermine public confidence in the judiciary.
"In the circumstances, we write this letter to you to request for on immediate retraction of ALL the objectionable and offensive statements you made on 28 July 2023 at the Press Conference via a public press conference and a written public notice coupled with a written letter of apology to the Supreme Court for the injury caused to its reputation and standing by your false statements.
"We would appreciate to hear from you on your response within seven (7) days from the date of receipt of this letter," concluded the JSC.
Sande is alleged to have made comments that are factually and legally incorrect and without any basis during the press conference.
Said the JSC in a letter addressed to Sande, "During the press conference, you made serious objectionable remarks that denigrated the Judiciary in general, and the Supreme Court and its Honourable Judges, in particular."
The JSC highlighted the extracted remarks which it considered objectionable and offensive.
"You are a practising legal practitioner and a principal of a named law firm, Sande and Associates. You are therefore an officer of the court. You made unsavory and contemptuous comments on the Supreme Court bench because of the decision made by the Court that you did not like, and, which was now pending in the Constitutional Court. A time-honored practice, which has crystallized into law, prohibits the making of inappropriate statements on matters pending before the courts," said the JSC.
"The statements you made have the effect of scandalizing the court and its judges by ascribing to it political motivation in its decision. This is because it is not true that the Court and the judges are colluding with political parties and other political players as you stated.
"As a legal practitioner, you must be aware that it is not uncommon for decisions of the courts to be handed down ex tempore and later followed by a full judgment. The inflammatory and reckless utterances you, therefore, made in the circumstances were not warranted. Moreso, you did not at any time as is the norm by legal practitioners request for written reasons from the Supreme Court."
"The comments as highlighted above ore vicious and concentrated attacks intended to vilify, denigrate and demean the integrity of the Supreme Court and its judges. The Judicial Service Commission is concerned that your statements if left unchallenged, intrude on the independence of the courts and undermine public confidence in the judiciary.
"In the circumstances, we write this letter to you to request for on immediate retraction of ALL the objectionable and offensive statements you made on 28 July 2023 at the Press Conference via a public press conference and a written public notice coupled with a written letter of apology to the Supreme Court for the injury caused to its reputation and standing by your false statements.
"We would appreciate to hear from you on your response within seven (7) days from the date of receipt of this letter," concluded the JSC.
Source - Byo24News