HARARE – The Law Society of Zimbabwe (LSZ) has ratcheted up the pressure on President Emmerson Mnangagwa to urgently appoint a tribunal to investigate High Court judge Never Katiyo, warning that continued delays are undermining public confidence in the judiciary.
In a letter to Attorney General Virginia Mabhiza dated February 2, the LSZ said it agreed with concerns raised by laywer Beatrice Mtetwa that Mnangagwa has failed to discharge his constitutional obligation to timeously appoint a tribunal after a recommendation by the Judicial Service Commission (JSC).
The tribunal, to be established in terms of section 186 of the Constitution, would inquire into whether Justice Katiyo should remain in office following multiple complaints about his conduct.
“As an institution the judiciary’s reputation and integrity is seriously undermined by inaction on the part of the president in circumstances where a tribunal has been recommended,” wrote LSZ executive secretary Edward Mapara.
The intervention by the lawyers’ professional body escalates pressure on Mnangagwa to act.
Mtetwa recently wrote to the Attorney General accusing the President of breaching section 324 of the Constitution, which requires constitutional obligations to be performed diligently and without delay. She said the delay in appointing the tribunal had created an untenable situation for litigants, including her client, whose matter has been set down before Justice Katiyo despite complaints lodged against him.
The LSZ confirmed that it had submitted three names for consideration as potential tribunal members, adding that the expectation had been that the tribunal would be appointed promptly. However, more than two months later, no action has been taken.
“You will recall that we submitted three names for appointment on the tribunal… The impression created then was that the tribunal would be set promptly,” Mapara wrote.
The lawyers’ body warned that litigants forced to appear before a judge whose conduct is under scrutiny face “real and not imagined” embarrassment, saying the situation could be avoided if Mnangagwa exercised his constitutional obligations.
Justice Katiyo has been at the centre of controversy following complaints that include allegations he issued a judgement dealing with issues that were never argued before him. The JSC subsequently recommended that a tribunal be established to examine the question of his continued fitness for office.
In November last year, the Attorney General’s Office indicated that preliminary processes required to appoint tribunal members had been completed, raising expectations that the matter would be resolved swiftly.
However, with no tribunal yet constituted, pressure is mounting on Mnangagwa to act, amid growing concerns within legal circles about judicial accountability and the integrity of the justice delivery system.
The LSZ copied its letter to the Judicial Service Commission and the Judge President.
The Attorney General’s Office had not responded to requests for comment at the time of publication.
The post Law Society of Zimbabwe ratchets up pressure on Mnangagwa over judge appeared first on Zimbabwe News Now.