HARARE
–
Justice
Never
Katiyo
of
the
Harare
High
Court
is
once
again
under
the
spotlight
after
granting
the
National
Prosecuting
Authority
(NPA)
leave
to
appeal
in
a
politically
sensitive
case
before
the
deadline
for
respondents
to
oppose
had
lapsed,
in
what
lawyers
say
is
a
blatant
violation
of
court
rules.
The
case
involves
Clayd
Mashozhera,
Noel
Munhuwei,
Daud
Jessub
and
Maureen
Kademaunga,
who
along
with
11
others
were
accused
of
attacking
three
Zanu
PF
members
–
Cyril
Nyauchi,
Artwell
Marwa
and
Spencer
Mudarikwa
–
before
torching
a
Toyota
Spacio
and
its
contents
valued
at
US$15,600.
Their
trial
at
the
Harare
Regional
Magistrates’
Court
ended
in
November
2024
with
an
acquittal,
after
a
discharge
application
was
granted
at
the
close
of
the
state
case.
The
NPA
failed
to
file
its
appeal
on
time,
forcing
it
to
seek
condonation
at
the
High
Court.
On
August
8,
2025,
Justice
Katiyo
granted
the
application,
allowing
the
NPA
to
file
its
appeal
within
10
days.
But
defence
lawyers
argue
the
ruling
was
premature
and
unlawful,
as
the
application
had
only
been
served
on
the
respondents
on
August
4,
giving
them
until
August
20
to
file
opposing
papers
in
terms
of
Rule
59(b)
of
the
High
Court
Rules.
“This
judgment
was
granted
in
error
and
to
the
prejudice
of
the
respondents,”
wrote
Mhishi
Nkomo
Legal
Practice
in
a
letter
to
the
Registrar,
demanding
that
Justice
Katiyo
rescind
his
own
ruling
under
Rule
29(1)(a).
Compounding
the
controversy,
Justice
Katiyo’s
order
also
misstated
the
date
of
the
acquittal,
saying
it
occurred
in
November
2004
instead
of
November
2024.
Lawyers
say
the
20-year
discrepancy
illustrates
a
worrying
lack
of
attention
to
detail
in
a
matter
of
such
gravity.
The
Registrar
of
the
High
Court
confirmed
on
August
20
that
the
complaint
has
been
placed
before
the
judge
for
his
consideration.
The
controversy
adds
to
a
growing
list
of
complaints
against
Justice
Katiyo.
Earlier
this
month,
the
judge
was
forced
into
the
unprecedented
step
of
rescinding
his
own
ruling
in
a
property
dispute
between
a
Bulgarian
investor
and
a
local
company,
after
acknowledging
that
his
initial
judgment
had
been
“erroneously
issued.”
Legal
experts
say
the
pattern
of
serial
blunders
and
premature
rulings
threatens
to
erode
confidence
in
the
judiciary.
“Once
is
an
error,
twice
is
a
trend.
If
litigants
keep
finding
themselves
prejudiced
by
the
same
judge’s
disregard
of
procedure,
then
the
integrity
of
the
bench
itself
comes
under
question,”
said
one
senior
Harare
lawyer,
speaking
on
condition
of
anonymity.
As
the
Mashozhera
case
returns
to
the
High
Court,
Justice
Katiyo
must
now
decide
whether
to
withdraw
yet
another
of
his
own
orders
—
a
move
that
would
further
cement
concerns
over
his
handling
of
cases.
ZimLive
understands
that
the
Judicial
Service
Commission
has
opened
an
inquiry
into
Justice
Katiyo
after
a
complaint
lodged
by
the
Bulgarian
company’s
lawyers.
Should
the
investigation
uncover
wrongdoing,
the
JSC
may
advise
President
Emmerson
Mnangagwa
to
appoint
a
tribunal
to
assess
the
judge’s
suitability
to
remain
on
the
bench.
Justice
Katiyo
was
controversially
appointed
a
judge
by
President
Mnangagwa
in
2021
after
allegedly
scoring
lowly
in
public
interviews
for
judges
conducted
by
the
JSC.
He
previously
worked
as
a
magistrate
in
Chinhoyi
and
was
legal
affairs
director
in
the
ministry
of
industry
and
commerce
immediately
before
his
appointment
as
a
judge.