Ex-judge claims Deputy Chief Justice is conflicted

As her fight against dismissal continues, former High Court judge Erica Ndewere yesterday claimed that Deputy Chief Justice Elizabeth Gwaunza is conflicted and must recuse herself in the case in which Ndewere appealed her removal from office.

Ndewere, who was fired by President Emmerson Mnangagwa on the recommendations of the Simbi Mubako-chaired Tribunal, argued that Gwaunza struck her matter off the roll without giving reasons.

Gwaunza, former Judge President George Chiweshe and Justice Joseph Musakwa yesterday heard Ndewere’s’s appeal against the High Court’s decision denying jurisdiction to review the Mubako Tribunal.

Gwaunza told the court that the matter had already been struck off the roll.

Sources at the Supreme Court said that Ndewere had asked two Supreme Court judges to recuse themselves from the case.

Ndewere argues that that the two judges were conflicted since Gwaunza chaired the Judicial Service Commission meeting which dismissed her while Chiweshe was a member of the JSC.

Ndewere is challenging her dismissal which she claims was victimisation since she was the only one singled out from the 17 judges who had outstanding judgements.

Although lawyers say it is unlawful for Gwaunza and Chiweshe to preside over a case in which they are interested parties by virtue of being members of the JSC, Constitutional Court judges are expected to be impartial.

This is not the first time that Ndewere has appealed to the courts. The Labour Court has previously refused to deal with her appeal against the Mubako Tribunal’s decision.

The High Court also said the procedures followed by the JSC in dismissing her were lawful, while the Supreme Court dismissed Ndewere’s case arguing that it was moot.

Ndewere’s Supreme Court appeal to stop the JSC from seizing her utility vehicle was struck off the role as she did not seek leave to appeal against the decision of the High Court.