President Emmerson Mnangagwa has appointed a tribunal to investigate whether High Court judge Never Katiyo should be removed from office over allegations of gross misconduct, following a recommendation by the Judicial Service Commission.
The tribunal, chaired by retired Justice Maphios Cheda, was established through Proclamation 2 of 2026 issued on March 13. Its members include lawyer Tafadzwa Hungwe and legal practitioner Chaka Mashoko.
According to the proclamation, the inquiry follows a formal recommendation made by the JSC in October 2025 that the question of Katiyo’s removal from office be investigated in terms of Section 187 of the Constitution.
Under the Constitution, a judge may only be removed from office on the grounds of inability to perform the functions of the office due to mental or physical incapacity, gross incompetence, or gross misconduct.
The tribunal has been tasked with examining several allegations against Katiyo, including claims that he issued a judgment in the matter of Technoimpex JSC versus Rajendrakumar Jogi and Others despite the case allegedly never being argued in court.
The judgment, linked to case number HCH6784/19, was reportedly issued on July 28, 2025, even though it is alleged that the matter had not been heard and that legal practitioners had not made submissions before the court.
The tribunal will also investigate allegations that Katiyo attributed submissions to named lawyers, including advocate Thabani Mpofu, as though they had appeared before him when they had not.
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Additional claims include that Katiyo convened a case management meeting after receiving complaints from parties involved in the dispute and subsequently altered the judgment date from July 4, 2025, to July 28, 2025.
The inquiry will further examine whether the change of date was intended to allow a party seeking to appeal to avoid filing an application for condonation for the late noting of an appeal.
Other issues to be investigated include Katiyo’s subsequent rescission of the judgment on the basis that it had been entered erroneously, as well as allegations that he attempted to frustrate investigations by rescinding the ruling after receiving a memorandum from the Chief Justice.
The tribunal will also probe claims that Katiyo granted an application for leave to appeal in another matter before the expiry of the prescribed period for the respondents to file opposing papers.
In addition, it will examine allegations that he reserved judgment in a separate case in November 2024 but had not delivered the ruling nine months later, contrary to judicial conduct guidelines.
The tribunal has been given five months from the date its members are sworn in to conduct the inquiry and is required to submit its findings and recommendations to the President within one month after concluding its hearings.
Proceedings may be held in public or in private, depending on the tribunal’s determination.
The tribunal will ultimately recommend whether Katiyo is fit to remain in judicial office in light of the allegations.
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