Zimpapers Logo

in the wake of allegations of misconduct and negligence levelled against him.

It is understood the Chief Justice summoned Justice Hungwe to his chambers on Wednesday in the wake of revelations of acts of negligence by the judge in the discharge of his duties.

Chief Justice Chidyausiku is required to inquire into the allegations levelled against the judge and submit a report to President Mugabe, through the Justice and Legal Affairs Ministry, with some recommendations for his consideration, sources revealed yesterday.

Chief Registrar of the Supreme Court Mr Walter Chikwanha yesterday confirmed that matters of this nature were handled by the Chief Justice and he was expected to make a public statement in due course.

“The Chief Justice will make a statement at the appropriate time if there is any need,” said Mr Chikwanha without elaborating further.
Justice and Legal Affairs Minister Patrick Chinamasa declined to comment on the matter yesterday referring questions to Justice Chidyausiku, who was, however, not reachable.

In terms of the Constitution, if the President gets the report and feels that the matter should be investigated, he immediately appoints a tribunal to inquire into the matter.
The tribunal shall consist of not less than three members selected by the President from persons who have held office as judges of a court having unlimited jurisdiction in civil or criminal matters in a country in which the common law is Roman-Dutch or English and where English is an official language.

The tribunal appointed will inquire into the matter and report on the facts thereof to the President and recommend to him whether or not he should refer the question of removal of the judge from office to the Judicial Service Commission and the President shall act in accordance with such recommendation.

If the question of removing a judge from office has been referred to a tribunal the judge shall be suspended from performing functions of his office until the President, on the recommendation of the tribunal of the Judicial Service Commission, revokes the suspension or the judge is removed from office.

Justice Hungwe reportedly unprocedurally granted a notice of withdrawal in a house wrangle pitting Old Mutual chief executive Mr Jonas Mushosho and a man who bought the latter’s property Mr Lloyd Mudimu.

Also see . . .

• Law Society of Zimbabwe slammed

• Law Society speaks on Hungwe

• Justice Hungwe in fresh scandal

• Judge conducts midnight justice

Mr Mushosho reportedly sold a residential stand in Bluff Hill, Harare to Mr Mudimu who built his house before the former turned the tables and sought to nullify the deal. Justice Hungwe reportedly granted a notice of withdrawal after he was allegedly misled that Mr Mudimu had dropped his lawsuit against Mr Mushosho, when in fact the case was still pending.

The allegations came a week after revelations that Justice Hungwe failed to sentence 55-year-old Jonathan Mutsinze, whom he convicted of robbery and murder with actual intent 10 years ago after he lost the court record.

The same judge also held court hearing in the middle of the night at his Darwendale Farm when he ordered the release of Harare lawyer Beatrice Mtetwa last week after hearing from only one party to the case.

Following this expose, a number of people including widows are turning up with cases they feel were not properly handled by Justice Hungwe.