HARARE
–
Prominent
human
rights
lawyer
Beatrice
Mtetwa
has
written
to
Attorney
General
Virginia
Mabhiza,
accusing
President
Emmerson
Mnangagwa
of
failing
to
comply
with
the
constitution
by
delaying
the
appointment
of
a
tribunal
to
investigate
High
Court
judge
Justice
Never
Katiyo.
In
a
letter
dated
January
23,
Mtetwa
said
the
President
had
breached
section
324
of
the
constitution,
which
requires
constitutional
obligations
to
be
performed
“diligently
and
without
delay,”
by
failing
to
act
on
a
recommendation
from
the
Judicial
Service
Commission
(JSC)
to
set
up
a
tribunal
in
terms
of
section
186.
The
JSC
last
year
resolved
that
a
tribunal
be
appointed
to
inquire
into
Justice
Katiyo’s
fitness
to
remain
in
office
following
multiple
complaints
about
his
conduct
on
the
bench,
including
allegations
that
he
issued
a
judgement
on
a
matter
that
had
never
been
argued
before
him.
Mtetwa
said
her
firm
represents
a
litigant
in
a
High
Court
matter
in
which
Justice
Katiyo
allegedly
incorporated
into
a
judgement
matters
that
had
not
been
placed
before
the
court.
Although
the
JSC
acknowledged
receipt
of
the
complaint
in
2024
and
indicated
it
would
be
investigated,
no
outcome
was
communicated.
She
said
subsequent
complaints
against
the
judge
ultimately
prompted
the
JSC
to
recommend
the
establishment
of
a
tribunal,
triggering
a
constitutional
obligation
on
the
president
to
act.
In
November
last
year,
the
Attorney
General’s
Office
publicly
stated
that
all
preliminary
processes
required
for
the
appointment
of
tribunal
members
had
been
completed.
However,
more
than
two
months
later,
no
tribunal
has
been
constituted
and
Justice
Katiyo
continues
to
sit.
Mtetwa
said
the
delay
had
created
an
“untenable”
situation,
as
her
client’s
case
has
since
been
set
down
twice
before
the
same
judge.
“It
is
clearly
undesirable
that
any
litigant
should
be
required
to
appear
before
a
judge
whose
conduct
has
been
found
sufficiently
concerning
for
the
JSC
to
recommend
a
tribunal,”
Mtetwa
wrote.