Lawyer claims he was ambushed by judge in CCC by-e...

Lawyer claims he was ambushed by judge in CCC by-election case

Nyashadzashe Ndoro

Human rights lawyer Jeremiah Bamu claims that Justice Isaac Muzenda presided over the case, in which Sengezo Tshabangu was seeking to bar recalled opposition Citizens Coalition for Change MPs but there was no lawyer representing the respondents during the hearing.

Bamu said he was “dragged out of bed” and “ambushed” to attend the online hearing of the case and pretend to represent CCC MPs. But he told the judge that it was prudent for the case to be postponed because he had not been given any mandate to represent the respondents.

Justice Muzenda, however, went on to issue a judgement. Bamu is now demanding that the judge revises his order removing his name.

“I was dragged from bed at 2210hrs back to the office to join an online session of a court that I had no idea about,” he wrote in his letter directed to the Registrar of the High Court.

“The court officials insisted it was just a case management meeting. When I got there, I was ambushed into the actual hearing of the matter on the merits. I told them I was a complete alien to the proceedings.

“I had no mandate from the candidates and I didn’t know if they were aware of the night (in) justice.

“I told them I had not participated in any of the prior proceedings and had not read any of the papers to enable me to fully appreciate the matter at hand and apply my mind to it.

“I asked for time to obtain a mandate and instructions.”

Bamu said he asked for time to read through the papers and understand them. He also pointed out that “where good cause exists poll opening can be delayed by the constituency elections officer.

“I told them that common decency, logic, professionalism, etiquette and integrity of process would require that the matter be postponed for the reasons I had cited.

“The Judge proceeded with the hearing. He said he appreciated the issues I had raised but was nonetheless going to grant the order and I was free to leave the hearing or listen to him pronounce his decision.

“I have never seen the anything like of this.

“A clearly choreographed script that I was required to sanitise. I refused to sanitise it. They nonetheless proceeded.”