By Brenna Matendere
Chief Justice Luke Malaba has gone mute on repeated calls to resign over a slew of cases of judicial corruption raised by a Harare businessman.
The businessman, Tendai Mashamhanda, first wrote to Malaba on 12 January 2023 complaining against several judges of the Supreme Court and the High Court.
The complaint detailed the letters he submitted to Malaba and to the Honourable Minister of Justice Legal and Parliamentary Affairs Ziyambi Ziyambi dated 31May 2022, 28 August 2022, 23rd December 2022, and 6th November 2023.
On 12th of January 2024, he submitted to Malaba a letter which referred to his earlier missive of 12th January 2023.
As of 8 February 2024, Mashamanda had not received a response from Malaba prompting him to write yet another letter obtained by Gemnation News tearing into the embattled Chief Justice.
However, in an interview with Gemnation News this week, Mashamhada said he is still yet to get a response from Malaba and awaits it with great anxiety.
“I have not received a letter with the response of the judicial services chairperson. I clearly outlined my concerns and presented my professional interest in him resigning. The letter was very clear but I am yet to receive a response,” he said.
The businessman said it is of paramount importance for CJ Malaba to respond to his letters.
There is growing concern that Malaba ignores legitimate complaints from aggrieved parties including members of his own staff at the JSC in order to circumvent accountability and transparency.
In the 8 February letter, Mashamhanda highlighted this fact.
Part of the letter reads:
“Regrettably, to date (8 February 2024) I have not received a response to any of my letters. I am alive to your tactics.
“I also note with regret that you have resorted to a new tactic of sweeping my legitimate complains under the carpet.”
He further revealed that on 6 February 2024, he received a letter from the Secretary Judicial Service Commission Walter Chikwanha which completely avoided issues he raised. Part of the letter said:
“In light of the clearly defamatory statements, and the abuse of the complaint procedure in the letter to the office of the Chief Justice dated 12 January 2024, and the various letters addressed to the Minister of Justice Legal and Parliamentary Affairs, the office of the Chief Justice is unable to assist you.”
This week Mashamhanda said he does not count it as response as it is extremely irrelevant and does not address the issues raised.
“That was not response to my letter and so that is why I am saying I am yet to receive a response from the JSC chairperson. It was simply a futile attempt to sweep matters raised under the carpet and I will not accept it. What I am saying is that he must resign and that is what he ought to respond to,” he said.
In 2020, a letter from High Court and Supreme Court judges pleading with President Emmerson Mnangagwa to investigate Malaba emerged.
The letter, dated 26 October 2020, accused Malaba of running the country’s justice system in a very unprofessional manner.
“It is now an open secret that the Chief Justice routinely interferes with the Magistrates and their decisions through the Chief Magistrate’s office.” Judges are therefore so afraid of losing their jobs that they consciously and subconsciously make decisions they consider safe, even if these do not accord with the law.
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