Harare, Zimbabwe | President Emmerson Mnangagwa has formally established a tribunal to determine whether High Court Judge Never Katiyo should be stripped of his judicial office following a series of grave allegations involving gross misconduct and procedural irregularities.
The decision, announced via Statutory Instrument 54 of 2026, follows a direct recommendation from the Judicial Service Commission (JSC). Under the Zimbabwean Constitution, the President is required to set up an inquiry when the JSC suggests that a judge’s fitness to hold office is in question.
The Investigative Team
The tribunal will be led by retired Justice Maphios Cheda, a veteran of the bench. He will be joined by legal practitioners Tafadzwa Hungwe and Chaka Mashoko. The Permanent Secretary for Justice, Legal and Parliamentary Affairs has been designated as the tribunal’s secretary.
The team has been given a five-month window to conduct their inquiry once sworn in, with a final report due one month after the conclusion of the hearings.
Core Allegations: Rulings Without Hearings
At the heart of the probe are several “controversial” judicial decisions that have shaken public confidence in the bench. The tribunal will specifically scrutinize the following:
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Pre-emptive Rulings: Allegations that Justice Katiyo issued a judgment in the case of Technoimpex JSC vs. Rajendrakumar Jogi before the scheduled hearing date and without hearing arguments from either side.
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Falsifying Records: Claims that the judge attributed legal submissions to specific advocates who never actually appeared before him.
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Date Manipulation: Accusations that he backdated or altered judgment dates to help certain parties avoid filing “condonation for late appeal” applications—essentially bypassing legal deadlines.
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Frustrating Investigations: The tribunal will investigate if the judge attempted to cover his tracks by rescinding a ruling only after receiving a stern memorandum from the Chief Justice.
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Ethical Violations: Failing to deliver a judgment nine months after reserving it, a direct violation of the judicial code of ethics.
High-Profile Blunders
Justice Katiyo’s tenure has been marred by procedural storms. In one instance involving a property dispute between a Bulgarian firm and a local businessman, the judge reportedly produced a record of a hearing that never took place.
He also drew significant ire for granting the National Prosecuting Authority (NPA) permission to appeal in a case involving opposition legislator Maureen Kademaunga before the legal deadline for opposing papers had even lapsed.
Constitutional Threshold
According to Section 187 of the Constitution of Zimbabwe, a judge can only be removed for:
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Inability to perform duties (physical or mental incapacity).
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Gross incompetence.
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Gross misconduct.
The findings of the Cheda-led tribunal will be final in advising the President on whether Justice Katiyo remains fit to wear the robes of the High Court.
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