Top judges face probe

A TOP Harare businessman has written a letter of complaint to Justice and Parliamentary Affairs Minister Ziyambi Ziyambi raising allegations of criminal abuse of office, conflict of interest and obstructing the course of justice against Deputy Chief Justice Elizabeth Gwaunza and other judges.

In a letter dated May 31 to Minister Ziyambi, Mr Tendai Mashamhanda raises several red flags over the manner the Supreme Court handled his property dispute case and alleges collusion between the senior judicial officers and lawyers to influence the case’s outcome.

Part of the 26-page letter of complaint seen by The Sunday Mail reads:

“The truth was sacrificed. In my humble opinion, the Honourable Justices of the Supreme Court abused independence of the judiciary, the supremacy of the Supreme Court as the final court of appeal in non constitutional matters.”

He said the Justices had “breached their oaths of office” and therefore “must resign to prevent further damage to the integrity of our justice system.”

The letter was also copied to the Attorney General, Special Anti-Corruption Unit, Judge President, The Registrar of Deeds, Law Society of Zimbabwe and Commissioner General of Police.

Minister Ziyambi confirmed receiving the letter, saying the complaint was subject to the Ministry’s internal processes.

“Due to the nature of the sensitivities involved because there are serious allegations being made about a senior jurist we cannot be seen to be making public comments about that. Commenting on that will subject us to criticism that may jeopardise the entire process.

“So while I can say I have received something, that is all I am privy to say. Taking into cognisance this is an office of a judge and the perceptions around its independence and lack of, your story may jeopardise our processes if I am to comment.”

Asked to comment, Deputy Chief Justice Elizabeth Gwaunza directed The Sunday Mail to the Judicial Services Commission (JSC).

“Kindly refer the papers that you have on this matter, to the Secretary, JSC. The JSC has the authority to appropriately attend to the complaint,” she said.

JSC Secretary Mr Walter Chikwanha said:

“The letter was directed to the Minister, so only the Minister or his Permanent Secretary can comment on its contents. It was not addressed to the JSC and that makes it difficult for me to speak on it,” said Mr Chikwanha.

At the centre of the dispute is a Harare property bought by Mr Mashamhanda in 2019 from lawyer Mr Puwayi Chiutsi for US$230 000 through a local real estate agent.

Two weeks later, Harare lawyer Mr Tendai Biti, who was allegedly representing one Mr Eliot Rodgers, filed an urgent chamber application at the High Court seeking cancelation of Mr Mashamhanda’s title deed, stirring up what was to be long battle in the courts.

Around 2002 Mr Rodgers was Chiutsi`s client, in an inheritance case.

Rodgers who was at the time based in the United Kingdom, instructed Chiutsi to sell the two properties he won in the dispute, one in Mutare and another in Mount Pleasant in Harare.

Chiutsi remitted funds from the sale of the Mutare property, but did not send Rodgers the full amount realised from the sale of the Mount Pleasant property.

In his application, through his lawyer Mr Biti, Mr Rodgers claimed the property had been attached from Mr Chiutsi following a wrangle with his former client Mr Rodgers over US$70 000 in trust money.

As a result, it was alleged, Mr Mashamhanda could not legally acquire the property because it was burdened by a caveat.

In response, Mr Mashamhanda insisted that he had taken all the necessary precautions to ensure that the title was unencumbered and secure.

The matter was heard before Justice Jacob Manzunzu who dismissed the application before Mr Rodgers appealed to the Supreme Court.

Later that year, Bariade Investments, a Harare company alleged to have been the highest bidder at the auction for the house, filed an application seeking the same relief as Mr Rodgers.

In its application, the company alleged that it had bought the property through an auction in 2017.

“During the hearing before Honourable Justice (Tawanda) Chitapi, Puwayi Chiutsi filed documents alleging that his house was never auctioned.”

The court dismissed the application. Mr Biti’s claim according to Mr Mashamhanda, was premised on a previous debt that Mr Chiutsi held.

Just as he thought the matter was settled since Rodgers was paid the outstanding amount through Biti, and Chiutsi had been acquitted, supported by statements from two officers from the Deeds and Registry Office; Ellen Mawire and Prettmore Tsiga, Bariade Investments emerged seeking to set aside Mr Mashamhanda’s title deed.

Full story on www.sundaynews.co.zw