The High Court says it has no jurisdiction to hear a request by former judge, Justice Erica Ndewere to quash the tribunal proceedings that led to her dismissal from the bench over gross misconduct.
Ndewere had approached the court seeking a review of President Mnangagwa’s decision to fire her following recommendations by the Justice Simbi Mubako-led tribunal that found her guilty of misconduct.
A three-judge panel comprising Justices Sylvia Chirawu-Mugomba, Bongani Ndhlovu and Never Katiyo unanimously agreed that the higher court had no jurisdiction to review the decision.
Writing the judgment for the court Justice Chirawu-Mugomba said President Mnangagwa was not involved in the inquiry to establish her suitability to hold the top judicial office, for Ndewere to sue him.
The President only acted on the recommendations made to him by the tribunal in terms of the Constitution, said the judge.
“It must also be understood that the first respondent (the President) plays no part in the investigations or inquiry on whether or not a judge should be removed,” she said.
“He merely receives the recommendation and acts on it. To the extent that the applicant also seeks review of the first respondent’s decision, this court has no jurisdiction to delve into it.”
Through her lawyer, Ms Beatrice Mtetwa, Ndewere asked the High Court to reinstate her to her position of judge of High Court arguing the tribunal erred in the way it conducted its investigations.