New Zimbabwe High Court Judge faces scrutiny over lawsuit against CIMAS

Justice Phillipa Phillips-Sadza, appointed to the High Court bench in June this year, is embroiled in a legal dispute with CIMAS, a prominent medical aid society, over an alleged mishandling of her medical records and a breach of a settlement agreement.

The judge accuses CIMAS of mistakenly delivering her blood test results to the wrong doctor and failing to fully honor a settlement in which CIMAS reportedly agreed to waive her medical aid premiums for three months for herself and her 10 dependents. Phillips-Sadza is seeking US$20,000 in damages for what she describes as "shock, physical and mental pain and suffering" resulting from the alleged medical negligence.

According to the court filing on October 24, the incident took place in 2021, prior to her judicial appointment. Phillips-Sadza claims that CIMAS's delay in delivering time-sensitive test results caused her physical distress, stating that the delay triggered an unexpected menstrual period, disrupting her health and work.

Several lawyers, speaking anonymously to ZimLive, expressed concern over the nature of the lawsuit, questioning whether it was appropriate for a sitting judge to engage in such litigation, particularly in the Magistrates Court. "Judges are expected to exhibit a degree of restraint and to select their battles carefully," one lawyer noted. "Engaging in a legal spat of this nature, especially in a lower court, could be seen as undermining the dignity of the judicial office."

Another lawyer raised concerns over the lawsuit's content, including the level of personal detail disclosed in the filing. "This case seems unseemly for a judge, especially one newly appointed. The details regarding her personal health, while part of her claim, risk diminishing the stature of her office," the lawyer argued, adding that judges are typically discouraged from litigating except under compelling circumstances.

In her lawsuit, Justice Phillips-Sadza alleges that she initially approached CIMAS with her grievance in November 2021, and the medical aid provider agreed to a settlement. This settlement, she claims, promised her a three-month waiver of subscription fees for herself and her 10 dependents. However, she states that CIMAS failed to deliver on the agreement, extending the waiver only to her and two dependents, omitting the remaining eight.

Phillips-Sadza asserts that her attempts to negotiate with CIMAS have been unfruitful, leaving her with no option but to pursue legal action. She is demanding compensation for the physical distress, alleged violation of privacy, and work disruptions that resulted from the alleged mishandling of her medical information.

This is not the first time the new judge has come under scrutiny. Just last month, her attendance at a Seed Co Zimbabwe-sponsored Golf Day at the exclusive Borrowdale Brooke Golf Estate raised eyebrows among legal circles. The event, described by one lawyer as "the biggest gathering of litigants," was attended by prominent corporate figures, many of whom frequently have cases before the High Court.

While the lawsuit against CIMAS unfolds, questions over Justice Phillips-Sadza's approach and its implications for her judicial role continue to swirl in the legal community, highlighting the delicate balance judges must strike between personal grievances and maintaining public confidence in the judiciary.