By Peter Chivhima
THE High Court says it has no jurisdiction to hear a request by Former Judge, Justice Erica Ndewere to quash tribunal proceedings that led to her dismissal from the bench over gross misconduct.
Ndewere had sought the High Court to review President Emmerson Mnangagwa’s decision to remove her from the bench this year.
The decision was made after recommendations by the Justice Simbi Mubako-led tribunal that found her guilty of misconduct inappropriate of a Judge.
High Court Judges Justices Sylvia Chirawu-Mugomba, Bongani Ndhlovu and Never Katiyo unanimously agreed that the higher court had no jurisdiction to review the decision.
Writing the judgment of the court, Justice Chirawu-Mugomba said President Mnangagwa was not involved in the inquiry to establish her suitability to hold the top judicial office, for Ndewere to sue him.
Justice Chirawu – Mugomba also submitted that President Mnangagwa only acted on the recommendations made to him by the tribunal in terms of the Constitution.
Through her defence council, Ndewere had pleaded with the High Court Judges to reinstate her to her position of judge of High Court, arguing the tribunal erred in the way it conducted its investigations.