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Chief Court Reporter
A HARARE magistrate who was slapped with two suspensions on charges of misconduct and incompetence got a reprieve after the Judicial Service Commission disciplinary committee nullified the suspensions.

Mr Reward Kwenda was suspended by provincial magistrate Mr Vakayi Chikwekwe on March 14 and April 7 pending a disciplinary hearing on charges of misconduct allegedly arising from corrupt practices and incompetent performance of duties.

On the first charge, Mr Kwenda was accused of attempting to influence a colleague to rule in favour of one Tendeukai Mauswa.

While serving his suspension, Mr Kwenda was again suspended on charges of “failure to perform any duties related to one’s work or improve or negligent, inefficient or incompetent performance of duties”.

On both instances, Mr Chikwekwe authored the suspensions where he also preferred the charges against Mr Kwenda.

After hearing the preliminary argument raised by Mr Kwenda’s laywers, Advocate Silvester Hashiti and Adv Garikai Sithole, a three-member disciplinary committee led by Justice Jester Charewa nullified the proceedings and the suspensions.

The disciplinary committee accepted the preliminary point raised, that the disciplinary proceedings were “abortive and improperly constituted”.

In their submissions, the defence argued that the provincial magistrate could not suspend and prefer charges to a member of the judiciary without delegated powers from the disciplinary authority.

The committee agreed with the defence submissions and ruled that the letters of suspension and preferred charges were a nullity. “The committee also accepted the principle of law that nothing stand on nothing,” said Justice Charewa.

“Therefore, though the disciplinary authority properly acted within the law to appoint the disciplinary committee, such committee could not validate void acts of Mr Chikwekwe.”

Other committee members — Justice Priscilla Munangati-Manongwa and senior regional magistrate Mr Tranos Uta- hwashe – concurred.

The matter has since been referred back to the Judicial Service Commission to adhere to its regulations.