Shock as judges from Matebeleland continue to be overlooked

Chief Justice Luke Malaba has named Justice Munamato Mutevedzi - appointed to the bench only in 2021 - as the most senior judge in Bulawayo, astounding many lawyers.

Mutevedzi is replacing Justice David Mangota, who has retired.

ZimLive spoke to half-a-dozen lawyers who all expressed surprise that Mutevedzi had been parachuted in from Harare, with more senior judges in Bulawayo overlooked, including Justice Nokuthula Moyo, Justice Evangelista Kabasa and Justice Christopher Dube Banda.

Particularly grating, the lawyers said, is that judges from the southern part of the country continue to be overlooked for the role.

"For the last decade or so, whenever the most senior judge leaves, the one who should naturally take over based on seniority has been transferred to Harare, essentially because they are not trusted by the politicians in Harare," a senior lawyer said.

"We had Justice Lawrence Kamocha from Gwanda, when it was his turn they transferred him to Harare and brought in Justice Francis Bere. Kamocha had to beg to come back, assuring them that he would subordinate himself to Bere.

"When Bere was promoted, Justice Nicholas Mathonsi was the shoe-in. They instead brought (President Emmerson) Mnangagwa's former lawyer Justice Martin Makonese to head the division, and with great reluctance Mathonsi accepted his transfer to Harare.

"When Makonese resigned abruptly, Justice Maxwell Takuva who had been in Bulawayo for a long time should have been promoted. Instead, they transferred him to Harare and brought Mangota.

"Justice Mangota's resignation should have seen Dube-Banda elevated but no, he has been sent to Harare and they brought in their trusted man Mutevedzi. The pattern is clear. They cannot trust anyone from the region to superintend over the justice system in Bulawayo."

Mutevedzi is from Masvingo.

The lawyer said while he was "not convinced" Malaba had made the Mutevedzi decision, as Chief Justice he can resist political directives.

"This episode underscores the profound disappointment that is Malaba. The people of Matabeleland have historically been marginalised, and yet, despite his elevated position as Chief Justice - a role he has held onto beyond his lawful term - he still refuses to trust them with self-leadership. His narcissism is staggering, and this decision will undoubtedly define his legacy," the lawyer said.

Another lawyer who asked not to be named said the judiciary, more than most jobs, was largely built around seniority, adding that Mutevedzi's elevation was unusual.

"You will notice that when the Supreme Court sits and there are three judges, the most senior presides. It's the same for the High Court sitting as an appeal court and you have two judges. It's the senior judge who presides," the lawyer said.

Following his promotion to the High Court after being chief magistrate, Mutevedzi has quickly built a reputation as the regime's go-to judge especially for political cases, said another lawyer.

In November 2023, he dismissed a challenge brought by 23 Citizens Coalition for Change MPs and senators challenging their recall from parliament by Sengezo Tshabangu, who styled himself as the party's secretary general and secured state help to decimate the CCC.

Mutevedzi largely based his ruling on a technicality, making the finding that the lawmakers should have cited the party that sponsored them in their litigation. The lawmakers had told the court that Tshabangu was an impostor.

"Just like it is difficult if not impossible for a man to impugn the paternity of his brother without directly involving the parents it is naïve for a member of a political party to approach a court seeking to prove that another is a non-member of the same party without the involvement of the political party itself," he ruled.

Another lawyer who spoke to ZimLive said: "While it is undeniable that Mutevedzi writes well, it is also true that if you find yourself in front of him in a political matter you already know what's coming.

"His rapid deployment to be Bulawayo's top judge ahead of more senior and capable judges must be seen in its correct light - it's a political move. I can go further and hazard that it's all part of a scheme to supercharge his elevation to the Supreme Court or the Constitutional Court."

Mutevedzi started off as an English teacher after attending college in Gweru, but quit his job under a cloud.

After trying his hand at mining in Bindura, he started his legal career by attending the Judicial College of Zimbabwe to train as a magistrate, and later studied law.