Judge raises eyebrows with lawsuit claiming CIMAS negligence caused her early period 

HARARE – A judge appointed to the High Court bench in June this year has been accused of pursuing litigation that is “beneath her office” in a fight with a medical aid society.

Justice Phillipa Phillips-Sadza accuses CIMAS of delivering her blood test results to the wrong doctor, and then failing to honour a settlement in which the company allegedly pledged to waive her medical aid premiums for three months along with those of her 10 dependents.

In summons filed at the Magistrates Court in Harare, she wants the court to order CIMAS to pay her US$20,000 for “shock, physical and mental pain and suffering arising from CIMAS’ medical negligence.”

The incident happened in 2021, before she was appointed a judge.

She says in her claim filed on October 24 that CIMAS’ delays in delivering results for certain medical tests ordered by her doctor caused her to suffer “physical distress as evidenced by her going on her monthly period which was not due at the time.”

Lawyers who spoke to ZimLive said the judge’s lawsuit was “unusual,” “unnecessary” and “disturbing.”

“Judges are expected to pick their fights wisely and exhibit a superior moral attitude in doing so,” one lawyer, who asked not to be named, said.

“Judges must, as a general rule, not be litigants. That’s why you need to obtain leave first before suing a judge. This reality must be reflected in the decision by a judge to sue. It cuts both ways.”

Another lawyer questioned why Justice Phillips-Sadza had waited until becoming a judge to pursue the claim against CIMAS.

The lawyer added: “She can’t be litigating in the magistrates court. Suppose she gives evidence, can a magistrate properly make credibility findings against her?

“If she has to litigate, she must have a proper cause. She must be circumspect and protect the dignity of her office. What part of her missing periods is a legal claim? Do we have to talk about her ladyship’s periods? Does that not impair the dignity of her office?”

The lawyer said the lawsuit itself was “frivolous and demeaning.”

“It’s just beyond the pale,” said another lawyer who also spoke on condition they were not named. “It raises the question of her fitness to hold office.”

In her court filing, the judge said she was seen by her doctor in July 2021 and advised to take certain medical tests the results of which would be used for further medical procedures.

She says not only did CIMAS delay in providing her the results for the time-sensitive tests but they also sent them to the wrong doctor at a different medical facility from the one she had indicated.

She says this led to treatment delays and interfered with her work as she had to take time off to make follow ups. Her privacy was also violated, she argues.

She says she initially sent CIMAS summons in November 2021 but the company agreed a settlement in which it would offer free subscription to her and her 10 dependents for three months.

However, she says CIMAS only provided the waiver to her and two dependents, and excluded the other eight.

She says she has tried to negotiate with CIMAS but the company refuses to cooperate.

Only last month, the same judge’s judgement was questioned after she attended a Seed Co Zimbabwe-sponsored Golf Day at the Borrowdale Brooke Golf Estate.

One lawyer called the event “the biggest gathering of litigants,” referring to top executives whose companies are in court or are guaranteed to have matters at the High Court soon.