Suspended High Court judge Justice Erica Ndewere has accused Chief Justice Luke Malaba of misleading President Emmerson Mnangagwa into believing that she had 34 outstanding matters when she only had three.
A memorandum dated October 23, 2020, from the Registrar of High Court to Chief Justice Malaba confirms that she did not have 28 outstanding judgments or reviews for 2020 as alleged.
Through her lawyer, Beatrice Mtetwa, Justice Ndewere told Justice Sunsley Zisengwe that the Judicial Service Commission (JSC) failed to carry out an independent investigation into her alleged misconduct.
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She accused the JSC of rubberstamping the investigation done by Chief Justice Malaba without verifying the allegations.
Justice Ndewere argues that the Chief Justice did not appoint a disciplinary committee of three judges as required by law but acted as both complainant and jury in the matter.
She is challenging the legality of a tribunal set up by Mnangagwa in November last year to determine her fitness to hold the office of High Court judge.
Justice Zisengwe reserved his judgment on the matter.