Prominent businessman accuses Zimbabwean judges of...

Prominent businessman accuses Zimbabwean judges of corruption

Nyashadzashe Ndoro

The role of the judiciary system to contribute to citizen trust and social peace through fair dispute resolution and upholding of rights is seemingly being failed by Zimbabwean systems with businesses and ordinary people feeling that the justice system is being manipulated for corrupt benefits.

There have been reports that some judges and magistrates are operating as a cartels. Several letters are believed to have been sent to President Emmerson Mnangagwa, articulating this and many other grievances against court officials

Of note is the recent letter to the Minister of Justice Ziyambi Ziyambi by Tendai Mashamhanda, a prominent businessman who highlighted how certain Judges and individuals have been working in cahoots to allegedly corruptly deny him justice.

He argued that the judges operated “like a cartel, and took the outrageous position that I should be punished by the judiciary for raising my voice about how my lawful and undeniable rights have been violated (repeatedly).

“They have wrongfully taken my actions to be an insult to the judiciary. My complaint is based on facts on record and in black and white. It cannot be swept under the carpet as simply an insult to the judiciary.”

Mashamanda cited his application for Direct Access to the Constitutional Court matter of Tendai Mashamanda and Bariadie Investment (Pvt) Ltd and Puwayi Chiutsi and The Registrar of Deeds and the Sheriff of Zimbabwe and Eliot Rogers and the Attorney General Case Number 12/22, which was heard by Justice Hlatshwayo, Justice Patel and Justice Garwe on 4th July 2022.

He said the judgement was reserved and it is yet to be delivered, a clear breach of the law which stipulates that reserved judgements cannot exceed time beyond 180 mandatory days. By November 6, 2023 when Mashamanda wrote to the Minister, the judgement had not been delivered after 480 days, far more than double the mandatory 180 days.

“I fail to understand how three senior justices of the Constitutional Court, the highest court in the land, failed to write a judgment for 480 days,” he said.

It is also astonishing that former High Court judge, Webster Chinamora who resigned after President Mnangagwa had appointed a tribunal to investigate him over allegations of corruption and incompetence is still coming to work.

He was brought back by Chief Justice Luke Malaba allegedly to finish his judgements.

One of the charges, which led to the probe against him is the report that he illegally shockingly made a ruling on a case that he did not hear.

The legal expert recently said the retention of Chinamora was going to cause more rot in the judiciary.

“We now have this unhappy situation in terms of which Malaba has all but given Chinamora the chance to pay himself a pension, at his own terms. The rot that we are now going to see as he writes these judgements is worse than what led to the appointment of the tribunal,” the expert, who preferred anonymity, said.

“Beyond any doubt, Malaba is a shameless constitutional delinquent who has dragged the judiciary into the mire. Something must be done to stop him.”

In October last year, some magistrates wrote to the JSC and Auditor-General, accusing Malaba of interfering with their operations and being captured by unmanned politicians.

“The capture of the judiciary by politicians has reached such high decibels that those of us who are magistrates are now embarrassed to even disclose our professions.

“We have become objects of derision not only in the streets but also in the courts where it is clear that even litigants no longer have respect for our courts and our authority,” read part of the letter.

As if these allegations are not enough, the judiciary is also caught in corruption controversies involving the Electronic Case Management Systems being installed for the courts.

While being spearheaded by Judicial Service Commission secretary Walter Chikwana, US$23 million has allegedly been used to import the system from Armenia.

But the system is not working and it’s not suitable for a 5G network. There is no infrastructure for it to run efficiently with most of the courts using outdated computers, some of which were donated by Danida in 2013.

The deal for the electronic system was not subjected to tender. If properly investigated, the issue is likely to expose massive corruption involving bigwigs in the justice system.

In March this year, President Mnangagwa warned judicial officers against being involved in corruption.

“I urge judicial officers and legal practitioners, among others, to keep the halls of justice clean by shunning and resisting corruption in all facets. The offices of judges and magistrates are sacred. Integrity, fairness and probity of these officials should thus always inspire the confidence of our people.”