ZACC investigates High Court and Mahere

Nyashadzashe Ndoro

Chief Reporter

The Zimbabwe Anti-Corruption Commission launched an investigation against Fadzayi Mahere and several legal practitioners for alleged corruption within the High Court.

The case in question involves a defamation suit (Case No. 4531/22-Fadzayi Mahere v Edmund Kudzayi) that had been struck off for want of prosecution after lying dormant for two years.

The complaint, filed by Edmund Kudzayi, alleges that the case was revived through deliberate misrepresentation to the court. He said this was achieved through false claims of a pre-trial conference and the involvement of multiple legal practitioners, including Harrison Nkomo, Emma Drury, and David Drury.

"It is against this reassuring background that I write to you on a matter of great concern, one that strikes at the core of our judicial system's integrity. Recent events have exposed a deeply troubling case of corruption within the High Court, involving the prominent figure of Fadzayi Mahere and several legal practitioners. The seriousness and audacity of this alleged misconduct demand immediate and thorough investigation by the Zimbabwe Anti-Corruption Commission under your esteemed leadership," Kudzayi stated in a damning letter to ZACC.

The complaint raises several concerns, including that Mahere and her legal team claimed a pre-trial conference had been scheduled, using this assertion to secure a favourable judgement for the resuscitation of the case. However, according to the complainant, court records, there is no evidence of such a conference ever being scheduled.

Kudzayi further points out that the alleged misrepresentation involved more than one individual, suggesting a concerted effort to mislead the court.

He argues that Mahere and her legal team have conducted themselves with disturbing confidence, threatening punitive costs against any attempts to expose this deception.

Kudzayi says this is not an isolated incident, as similar tactics of misrepresentation and procedural manipulation were used in a separate case involving Petina Gappah.

"Brazen Confidence in Manipulating Court Processes: Ms Mahere and her legal team have conducted themselves with disturbing confidence, threatening punitive costs against any attempts to expose this deception. This behaviour suggests a troubling level of impunity. Their actions, including threatening punitive costs against anyone who attempts to expose their deceitful tactics, demonstrate a shocking disregard for the integrity of the court and suggest a belief that they are above scrutiny or accountability," Kudzayi told ZACC.

"Pattern of Behaviour. This is not an isolated incident. In a separate case involving Dr Petina Gappah, similar tactics of misrepresentation and procedural manipulation were used, raising concerns of a systemic issue within our courts. This disturbing pattern of unethical conduct further supports the notion that this is not a one-off incident but rather a deeply ingrained practice within certain circles of the legal profession..

"Threat to Judicial Integrity: If left unchecked, such actions pose a severe threat to the integrity of our judicial system. They erode public trust in the courts and the legal profession as a whole. The erosion of public trust in the legal system has far-reaching consequences, undermining the rule of law and threatening the very fabric of our society."

In response to the complaint, ZACC Chairperson Michael Reza, has directed the General Manager Investigations to constitute a team to investigate the case.

"I refer to your letter dated 14 October 2024 in which you request us to investigate the above-mentioned person and certain lawyers involved with the case.

"By copy of this letter, the General Manager Investigations is directed to constitute a team to investigate the case," Reza said.