News / National
Mnangagwa backs Ndewere appeal
28 Jul 2021 at 07:50hrs | Views
PRESIDENT Emmerson Mnangagwa has reportedly released the Justice Simbi Mubako tribunal report that led to the dismissal of embattled High Court judge Justice Erica Ndewere, paving way for her to appeal against her sacking.
Justice Ndewere was fired last month reportedly for incompetence after Mnangagwa was handed a report by a three-member tribunal led by retired judge Justice Mubako.
She then sued Mnangagwa ordering him to release the tribunal report which created the basis for her dismissal.
Mnangagwa told the court last week that he did not withhold the report and his lawyers subsequently released the tribunal report to the fired judge's lawyer, Beatrice Mtetwa in an out of court settlement.
In her application against Mnangagwa, Justice Ndewere argued that the Mubako tribunal submitted its report to the President without delivering its judgment to her as it ought to have done when sitting as a court or disciplinary body.
Matters came to a stalemate at the High Court after the Judicial Service Commission (JSC) said it did not have a copy of the report and the tribunal said it had finished its work when it handed its report to the President in terms of the proclamation.
The President also told the court at the time through his lawyers that he was not obliged to communicate directly with the former judge and that his decision had been sent to JSC which normally handles disciplinary matters of judges.
Mtetwa insisted to the High Court that the Mubako tribunal should have delivered its determination to her client for her to pursue her legitimate rights of review and appeal.
Mnangagwa then released the report to Mtetwa to pave way for Justice Ndewere to appeal her dismissal.
Mnangagwa, sources claim, is impartial in the dispute and wants a speedy resolution of the matter through the courts. Justice Ndewere's removal from the bench interfered with finalisation of several cases which were handed over to Judge President Justice Mary Zimba-Dube on July 5 2021 which included State vs Marimbe which has dragged on for six years.
Justice Ndewere has since appealed to the Labour Court against her removal as a judge of the High Court.
Justice Ndewere was fired last month reportedly for incompetence after Mnangagwa was handed a report by a three-member tribunal led by retired judge Justice Mubako.
She then sued Mnangagwa ordering him to release the tribunal report which created the basis for her dismissal.
Mnangagwa told the court last week that he did not withhold the report and his lawyers subsequently released the tribunal report to the fired judge's lawyer, Beatrice Mtetwa in an out of court settlement.
In her application against Mnangagwa, Justice Ndewere argued that the Mubako tribunal submitted its report to the President without delivering its judgment to her as it ought to have done when sitting as a court or disciplinary body.
Matters came to a stalemate at the High Court after the Judicial Service Commission (JSC) said it did not have a copy of the report and the tribunal said it had finished its work when it handed its report to the President in terms of the proclamation.
The President also told the court at the time through his lawyers that he was not obliged to communicate directly with the former judge and that his decision had been sent to JSC which normally handles disciplinary matters of judges.
Mtetwa insisted to the High Court that the Mubako tribunal should have delivered its determination to her client for her to pursue her legitimate rights of review and appeal.
Mnangagwa then released the report to Mtetwa to pave way for Justice Ndewere to appeal her dismissal.
Mnangagwa, sources claim, is impartial in the dispute and wants a speedy resolution of the matter through the courts. Justice Ndewere's removal from the bench interfered with finalisation of several cases which were handed over to Judge President Justice Mary Zimba-Dube on July 5 2021 which included State vs Marimbe which has dragged on for six years.
Justice Ndewere has since appealed to the Labour Court against her removal as a judge of the High Court.
Source - newsday
