HARARE
–
The
Law
Society
of
Zimbabwe
(LSZ)
has
ratcheted
up
the
pressure
on
President
Emmerson
Mnangagwa
to
urgently
appoint
a
tribunal
to
investigate
High
Court
judge
Never
Katiyo,
warning
that
continued
delays
are
undermining
public
confidence
in
the
judiciary.
In
a
letter
to
Attorney
General
Virginia
Mabhiza
dated
February
2,
the
LSZ
said
it
agreed
with
concerns
raised
by
laywer
Beatrice
Mtetwa
that
Mnangagwa
has
failed
to
discharge
his
constitutional
obligation
to
timeously
appoint
a
tribunal
after
a
recommendation
by
the
Judicial
Service
Commission
(JSC).
The
tribunal,
to
be
established
in
terms
of
section
186
of
the
Constitution,
would
inquire
into
whether
Justice
Katiyo
should
remain
in
office
following
multiple
complaints
about
his
conduct.
“As
an
institution
the
judiciary’s
reputation
and
integrity
is
seriously
undermined
by
inaction
on
the
part
of
the
president
in
circumstances
where
a
tribunal
has
been
recommended,”
wrote
LSZ
executive
secretary
Edward
Mapara.
The
intervention
by
the
lawyers’
professional
body
escalates
pressure
on
Mnangagwa
to
act.
Mtetwa
recently
wrote
to
the
Attorney
General
accusing
the
President
of
breaching
section
324
of
the
Constitution,
which
requires
constitutional
obligations
to
be
performed
diligently
and
without
delay.
She
said
the
delay
in
appointing
the
tribunal
had
created
an
untenable
situation
for
litigants,
including
her
client,
whose
matter
has
been
set
down
before
Justice
Katiyo
despite
complaints
lodged
against
him.
The
LSZ
confirmed
that
it
had
submitted
three
names
for
consideration
as
potential
tribunal
members,
adding
that
the
expectation
had
been
that
the
tribunal
would
be
appointed
promptly.
However,
more
than
two
months
later,
no
action
has
been
taken.
“You
will
recall
that
we
submitted
three
names
for
appointment
on
the
tribunal…
The
impression
created
then
was
that
the
tribunal
would
be
set
promptly,”
Mapara
wrote.
The
lawyers’
body
warned
that
litigants
forced
to
appear
before
a
judge
whose
conduct
is
under
scrutiny
face
“real
and
not
imagined”
embarrassment,
saying
the
situation
could
be
avoided
if
Mnangagwa
exercised
his
constitutional
obligations.
Justice
Katiyo
has
been
at
the
centre
of
controversy
following
complaints
that
include
allegations
he
issued
a
judgement
dealing
with
issues
that
were
never
argued
before
him.
The
JSC
subsequently
recommended
that
a
tribunal
be
established
to
examine
the
question
of
his
continued
fitness
for
office.
In
November
last
year,
the
Attorney
General’s
Office
indicated
that
preliminary
processes
required
to
appoint
tribunal
members
had
been
completed,
raising
expectations
that
the
matter
would
be
resolved
swiftly.
However,
with
no
tribunal
yet
constituted,
pressure
is
mounting
on
Mnangagwa
to
act,
amid
growing
concerns
within
legal
circles
about
judicial
accountability
and
the
integrity
of
the
justice
delivery
system.
The
LSZ
copied
its
letter
to
the
Judicial
Service
Commission
and
the
Judge
President.
The
Attorney
General’s
Office
had
not
responded
to
requests
for
comment
at
the
time
of
publication.