Nicholas Vingirai accuses High Court of judicial impropriety

PROMINENT banker Nicholas Vingirai has filed a formal complaint with the Judge President of the High Court, accusing Justice Joel Mambara of granting a court order that was "neither sought nor argued" before him, in a move Vingirai says amounts to serious judicial misconduct.

The complaint, contained in a detailed letter dated December 16, 2025, is addressed to Judge President Justice Mary Zimba-Dube and copied to the Office of the President and Cabinet, Chief Justice Luke Malaba, Judicial Service Commission (JSC) executive secretary Walter Chikwana and the Zimbabwe Anti-Corruption Commission (Zacc).

Vingirai's grievance arises from High Court case number HCH5356/25, in which he alleges that Justice Mambara exceeded his judicial mandate by ruling on substantive issues when only preliminary points were before the court.

According to Vingirai, despite dismissing all preliminary objections raised, Justice Mambara went on to determine the matter on its merits — issues which, he says, had neither been pleaded nor argued by any of the parties.

More controversially, Vingirai alleges that the judge granted both the rescission of a judgment and the joinder of parties, despite such relief not having been sought in the application before him.

"Despite the seriousness of the preliminary points, the judge dismissed all preliminary points and, inexplicably, proceeded to grant the application on the merits, which merits had not been argued by both sides," Vingirai wrote.

"More preposterously, the judge proceeds to grant rescission of the judgment in my favour under HCH5712/24 and orders joinder of the applicants to my application under HCH5712/24, yet the application before him was not even asking for rescission and joinder. It was merely asking for permission to file an application for rescission."

Vingirai questioned the legal basis upon which Justice Mambara granted relief that had not been sought.

"The question I have for the Honourable Judge President is this: was Justice Mambara granting all this in anticipation of matters being brought before him in the future? This is simply astonishing," he wrote.

He further disputed the characterisation of the judgment affected by the ruling, case number HCH5712/24, stating that it was not a default judgment but a consent order involving the government of Zimbabwe.

"The judgment under HCH5712/24, which the applicants contend is a default judgment, is actually an order by consent of the Ministry of Lands, Agriculture, Fisheries and Rural Development," Vingirai said.

He added that the permanent secretary in the ministry had deposed to an affidavit confirming government's position to return his farms, explaining that President Emmerson Mnangagwa and Cabinet had passed a special resolution acknowledging that the properties had been erroneously acquired.

Vingirai further argued that the opposing parties only held what he described as "erroneously issued" offer letters, which he said did not constitute proof of ownership.

He also noted that a substantive rescission application filed by the same applicants had already been struck off the roll by Justice Deme under case number HCH643/25.

"You will note, Honourable Judge President, that the applicants' rescission application was struck off the register by Justice Deme under HCH643/25, which means that Justice Mambara was only faced with a condonation application before him and not an application for rescission," he wrote.

"Justice Mambara granted an application that was not even before the court at all."

Vingirai described the alleged conduct as unethical and deeply damaging to public confidence in the judiciary.

"I submit that this is highly unethical. It is the highest level of serious misconduct by a whole judge. To grant an application that is not even before the court defeats the whole point of the judiciary acting as the last line of defence for citizens," he alleged.

He confirmed that his legal team would appeal the ruling and requested that any application for leave to appeal be heard by a different judge.

"My legal practitioner will definitely file an appeal to set aside this shameful judgment and I request that the application for leave to appeal be dealt with by a different judge, as Justice Mambara has shown the highest levels of bias and corruption," Vingirai stated.

This is not the first time Justice Mambara's conduct has come under scrutiny. Earlier this year, ferrochrome producer Zimasco (Private) Limited lodged complaints with the JSC and the Law Society of Zimbabwe, implicating the judge — alongside lawyers Wilson Manase and Valentine Kwande — in what the company described as an unlawful takeover attempt by businessman Shepherd Tundiya's Avim Investments.