THE SWORDS ARE NOW OUT AS A PRO-GOVERNMENT JUDGE IS UNDER SIEGE

BY MANDLA MPOFU

The social media has been abuzz with whispers of serious gossip.

The article, which was making rounds in several opposition platforms, raise several complex issues surrounding the independence of the judiciary, the role of the President, and the Judicial Service Commission (JSC) in Zimbabwe.

The article accused the Minister of Justice of Shielding Judge Katiyo against allegations that seem to suggest that Judge Katiyo made a judgment in a case he did not hear.

The complainant was Advocate Thabani Mpofu, the opposition lawyer and the best friend of JSC secretary Mr Walter Chikwana.

The article was then read verbatim in the opposition broadcast called Change Radio. The article exposed that the independence of the judiciary was compromised.

The article highlights concerns about the JSC’s independence and potential political interference in judicial matters.

The JSC’s role in disciplining judges and ensuring accountability is crucial, but it must be done fairly and transparently.

The facts raised in the article clearly showed that the source of this article is JSC itself.

The article suggested that Judge Katiyo defied the all-powerful Judicial Service Commission, Mr Walter Chikwana, by contesting his transfer to Bulawayo.

The irony of the matter is that the only person who knows about the transfer of Judges is the JSC.

The leaking of such information lies squarely on the JSC door mate. The leak in the JSC defalcates in the eyes of Separation of Powers.

The issue raises questions about the separation of powers between the executive, legislature, and judiciary.

The President’s role in appointing judges and constituting tribunals is defined by the Constitution, and this process must be respected.

The JSC, through its social media platform, labelled Justice Katiyo as a pro-government Judge.

This then raises questions as to the other judges ‘ allegiance to.

Judges are appointed by the president, allegedly, but the reality is that the JSC has the greatest say in who becomes a judge.

This puts the judges under the unlimited power of the Secretary. It then makes the judges be controlled by one man.

Unknown to Zimbabwe, the JSC Secretary now becomes the only powerful man in the Justice system, making judges stooges.

By running the JSC alone, Chikwana finds himself with no obligation to show Accountability and Transparency.

The article exposes the lack of transparency and accountability within the JSC.

Ensuring that judges are held accountable for their actions while maintaining judicial independence is a delicate balance that needs to be struck.

But Chikwana leads a crusade to weed out judges who are pro-government and protect those who are anti-government.

The allegations against Judge Katiyo border on the lines of Potential Bias.

The allegations of Judge Katiyo’s links to the government and the criticism from certain quarters raise concerns about potential bias and the motivations behind the article.

Just three weeks after JSC referred the matter to the President, some misguided elements are already vying for the judge’s blood.

The article also makes unfounded allegations of the Judge being closely linked to the HE and his family. He has always been labelled a pro-government judge since time immemorial.

This conspiracy theory did not start today, but from the time he was involved in constitution writing, Katiyo was perceived to be a ZANU-PF judge.

Certain JSC individuals have always harboured malicious intentions against the judge and now are leaking the wrong information to demonise Jist ice.

Why would the author talk of the judge defying a transfer directive?

In the absence of any misconduct you can’t just force a transfer unless JSC has its own rules or the secretary was showing his unlimited powers.

Judges should be respected and not treated like idiots by a mere secretary.

What is interesting is the content of the article, which seems to have JSC insiders.

The article is an affront on the separation of powers being purported here, as questions arise as to why the President would be forced to quickly constitute a tribunal.

Someone simply wants to further his or her interests.

Why would they want to tell the president how to execute his duties?

What is the maximum period within which he has to act?

What is the precedent for that?

The opposition radio has also got on board, singing for their supper.

Is it factually correct that Judge Katiyo is the only judge guilty of this error?

If not, what is happening to the other judges?

If every mistake by a judge is punishable by removal from office, are we going to remain with any judge?

There is a lot of unfairness coming from the seat of justice.

The grave errors committed by other judges who lick the backside of Chikwana are not challenges.

Only last week, the Judge President gave a judgment in a case she had never heard.

The Judge President herself is also guilty of a similar error, which Judge Katiyo stands accused of.

But Justice in the eyes of JSC is to weed out those who are pro-government. What we see here is not about Katiyo’s error.

We see the issues of transfer and the accusations of the judge’s links, among others, being the cause of this predicament.

HE should resist this attempt by the detractors purporting to serve justice when they are actually furthering certain interests and agendas.

How many more judges will be pushed out of the system in the same way?

The independence claimed by JSC should not blind us as it doesn’t apply to operational issues but judicial processes.

The president is the appointing authority and should be given a chance to exercise his authority.

This article is not from outsiders but from someone within JSC.

It was clear from the start that some people were working with outsiders on this issue.

It’s clear that there are differing opinions on this matter, and a thorough investigation would be necessary to determine the facts.

The JSC and the President must navigate this situation carefully to maintain the integrity of the judiciary and uphold the rule of law.

Accusing Minister Ziyambi is unfortunate.

It has become very clear that JSC is all out to weed out judges who are perceived to be pro-government.

JSC is trying to give the president a legacy of being the President who fires many judges in a few years.

Thabani Mpofu is becoming infamous for weeding out judges.

This has been said, but no one is listening.