HARARE – Prominent human rights lawyer Beatrice Mtetwa has written to Attorney General Virginia Mabhiza, accusing President Emmerson Mnangagwa of failing to comply with the constitution by delaying the appointment of a tribunal to investigate High Court judge Justice Never Katiyo.
In a letter dated January 23, Mtetwa said the President had breached section 324 of the constitution, which requires constitutional obligations to be performed “diligently and without delay,” by failing to act on a recommendation from the Judicial Service Commission (JSC) to set up a tribunal in terms of section 186.
The JSC last year resolved that a tribunal be appointed to inquire into Justice Katiyo’s fitness to remain in office following multiple complaints about his conduct on the bench, including allegations that he issued a judgement on a matter that had never been argued before him.
Mtetwa said her firm represents a litigant in a High Court matter in which Justice Katiyo allegedly incorporated into a judgement matters that had not been placed before the court. Although the JSC acknowledged receipt of the complaint in 2024 and indicated it would be investigated, no outcome was communicated.
She said subsequent complaints against the judge ultimately prompted the JSC to recommend the establishment of a tribunal, triggering a constitutional obligation on the president to act.
In November last year, the Attorney General’s Office publicly stated that all preliminary processes required for the appointment of tribunal members had been completed. However, more than two months later, no tribunal has been constituted and Justice Katiyo continues to sit.
Mtetwa said the delay had created an “untenable” situation, as her client’s case has since been set down twice before the same judge.
“It is clearly undesirable that any litigant should be required to appear before a judge whose conduct has been found sufficiently concerning for the JSC to recommend a tribunal,” Mtetwa wrote.
The post Justice Katiyo tribunal delay sparks constitutional row appeared first on Zimbabwe News Now.