Mbatha wants Ziyambi to investigate Gwaunza

Rita Mbatha (L) Deputy Chief Justice Elizabeth Gwaunza (R)

Women’s Comfort Corner founder Rita Mbatha has filed a letter complaint against Deputy Chief Justice Elizabeth Gwaunza

Mbatha, in a September 29 letterto Justice minister Ziyambi Ziyambi and the Judicial Service Commission Mbatha implores Ziyambi to launch an investigation on Justice Gwaunza, saying she has been acting in breach of articles of the Code of Judicial Conduct as a top judge of the Constitutional Court.

“The Deputy CJ has been part of the bench during the second term in my three applications which I will detail in this complaint. Judicial hostility and humiliation are plain for anyone to see.

“It is my humble view, with respect, that certain judges do not intend to ensure that they address disputes involving me in a manner that accords with the independence, impartiality, dignity, accessibility and effectiveness of the court,” reads Mbatha’s letter of complaint.

She accuses Gwaunza of miscarriage of justice in three different cases where Mbatha is involved.

She said in one of the incidences Gwaunza proceeded with a June 6 hearing involving her when she had indicated she could not attend.

“A unilateral decision was made to proceed with the matter in my absence although the bench was acutely aware that I was incapacitated,” read Mbatha's letter.

Mashamhanda alleges that Justice Gwaunza was not only conflicted, but that she abused her office and obstructed the course of justice. He accused Gwaunzof working in cahoots with lawyers to tarnish High Court judge Justice Tawanda Chitapi‘s image for presiding over a scheduled court hearing over a disputed US$230 000 residential property transaction.

Ex-judge Erica Ndewere seeks to have Gwaunza recuse herself on her case saying Gwaunza is conflicted because she has prior involvement with Ndewere’s case, among other allegations.