Mnangagwa appoints tribunal to probe High Court judge over alleged misconduct

PRESIDENT Emmerson Mnangagwa has established a tribunal to investigate whether High Court Judge Never Katiyo should be removed from the bench over allegations of gross misconduct and a series of controversial judicial decisions.

The move follows advice from the Judicial Service Commission (JSC), which recommended that the question of Justice Katiyo’s removal be formally investigated.

In a proclamation contained in Statutory Instrument 54 of 2026, the president said the tribunal would examine allegations relating to the judge’s conduct in several cases.

“Under and by virtue of the powers vested in the President… I do, by this proclamation, establish a Tribunal to inquire into the question of removal from office of the Honourable Justice Never Katiyo,” Mnangagwa said.

The tribunal will be chaired by retired judge Maphios Cheda and will include legal practitioners Tafadzwa Hungwe and Chaka Mashoko as members.

The Permanent Secretary for Justice, Legal and Parliamentary Affairs will serve as secretary to the tribunal.

According to the proclamation, the inquiry will run for five months from the date members are sworn in, after which the tribunal must submit its report within one month of concluding hearings.

The president directed that the tribunal investigate whether Justice Katiyo’s conduct “can be deemed to have been tantamount to gross misconduct” and determine whether he remains fit to hold judicial office.

Among the issues to be examined is whether the judge improperly issued a ruling in the case of Technoimpex JSC versus Rajendrakumar Jogi and Others before the scheduled hearing date and without submissions from legal practitioners representing the parties.

The tribunal will also investigate allegations that the judge attributed submissions to named advocates, who had not appeared before him, and later altered the date of the judgment after complaints from the parties.

Further accusations include claims that he changed the judgment date “in order to spare the party intending to appeal against the judgement the need to file an application for condonation for late noting of appeal.”

The proclamation also states that the tribunal must determine whether the judge attempted to frustrate investigations by rescinding the ruling after receiving a memorandum from the Chief Justice.

Other allegations include granting the National Prosecuting Authority leave to appeal before the legal deadline for opposing papers had expired and failing to deliver judgment in another case nine months after reserving it, contrary to the judicial code of ethics.

The inquiry will have powers similar to those of a commission of inquiry and may conduct proceedings either publicly or privately.

The development follows mounting complaints about Justice Katiyo’s conduct after a series of procedural controversies that shook confidence in the judiciary.

One of the most contentious incidents involved a property dispute between Bulgarian firm Technoimpex JSC and local businessman Rajendrakumar Jogi, where the judge reportedly issued a ruling that indicated a hearing had taken place when it had not.

The ruling was later rescinded by the judge himself after lawyers disputed the record.

Justice Katiyo also drew criticism from lawyers after granting prosecutors permission to appeal in a politically sensitive case involving opposition legislator Maureen Kademaunga and others before the deadline for responses had expired.

Under Section 187 of the Constitution, a judge may only be removed from office for “inability to perform the functions of his or her office due to mental or physical incapacity, gross incompetence, or gross misconduct.”

The tribunal’s findings will determine whether the president should proceed with removing Justice Katiyo from the bench.

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