By Brenna Matendere
Pressure is piling up on Chief Justice Luke Malaba to resign over a slew of cases of judicial corruption after a Harare businessman who initially made the call last year, last week reignited the matter through another strongly worded dossier to the Judicial Services Commission chairperson.
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 another letter obtained by Gemnation News tearing into the embattled Chief Justice.
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.
“YOU IGNORE LEGITIMATE COMPLAINTS FROM ME, FROM JSC STAFF, MAGISTRATES, HIGH COURT JUDGES, SUPREME COURT JUDGES AND MEMBERS OF THE PUBLIC AS A STRATEGY OF SWEEPING THE ISSUES RAISED UNDER THE CARPET. YOU HOPE THAT THESE ISSUES WILL DIE A NATURAL DEATH THEREBY PROTECTING YOU FROM ACCOUNTABILITY.
“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.”
In his latest letter to Malaba said Chikwanha’s letter is extremely irrelevant and does not address the issues raised and is simply a futile attempt to sweep matters raised under the carpet.
“In my view, you also resort to this strategy to protect corrupt practices by Judges and the Secretary Judicial Service Commission.
“You are fully aware that some of the judges and the Secretary Judicial Service Commission are extremely corrupt and operate as a cartel to deny the people of Zimbabwe the Justice they deserve.
“I detail below observations made by State Institutions some years back and complaints from your staff, including Magistrates, High Court Judges, Supreme Court Judges, Constitutional Court Judges and members of the public which support my conclusion that you sweep legitimate complaints under the carpet.”
In outlining the rot Malaba has failed to act upon, he pointed out to an incident of 2 November 2018 where an acting prosecutor general, Kumbirai Hodzi, claimed a plot to kill him by a cartel in the justice system.
The Acting Prosecutor General at that time said and a cartel made up of police officers, lawyers, prosecutors, magistrates and judges working with powerful politicians has corrupted the justice delivery system in Zimbabwe and is prepared to kill to get its way.
Hodzi said this to the interview panel which included Malaba at that time.
In another case, former ZACC chairperson Loice Matanda Moyo said a study had shown the country‘s judiciary was riddled with corruption, which threatened to undermine the country’s entire justice delivery system. Citing a report by Transparency International Zimbabwe, which identified the court system as a corruption Hotspot, Moyo said hard work being done by the country’s law enforcement agencies, including her agency was being undermined by suspected graft at the courts.
In another case Malaba failed to act upon, Honourable judges on 26 October 2026 complained of untenable working conditions in the judiciary and heavily implicated the Chief Justice himself.
Last week there was an adverse report by the Legal Parliamentary Committee on SI 153 of 2023 High Court (Amendment) rules 2023 which introduced the IECMS system saying, in its current form the platform precludes the general public from accessing justice.
The PLC noted that the introduction of the system did not consider that the majority of the country’s population lives in rural areas where there is limited or no access to the internet.
The implementation of the system is unconstitutional.
On 26 September 2022, the Judicial Service Commission wrote to a litigant advising that her complaint dated 16 September 2022 was placed before the Chief Justice who had indicated that it was now under investigation.
However, the Honourable Chief Justice did nothing and chose to sweep the matter under the carpet while protecting the judge from scrutiny.
In 2020, a newspaper reported that massive corruption, nepotism, sexual harassment, and abuse of office had reportedly rocked the Judiciary Services Commission (JSC) under the watch of the country’s law enforcement agents.
The Secretary Judicial Service Commission Chikwanha was alleged to have misused the V.F.C funds which were donated by UNICEF and Save The Children in 2013 in the company of his deputy, Mr Mutevedzi.
These allegations were reportedly raised to the ZRP, ZACC, the Prosecutor General and the Chief Justice’s office but no investigations were made. The complains were swept under the carpet. Mr Chikwanha and other leaders in the J.S.C are alleged to have sexually harassed a lot of women in the J.S.C. They allegedly demand sex from female members of the organisation.
The reports said those who submit to their demands are rewarded with promotions, appointments, and favours to silence them while those who reject them are either demoted, transferred, or suspended.
Mashamanda also pointed to a case of his house that is now under push to be confiscated from him unfairly under the watch of Malaba despite numerous complaints to him.
In his latest letter, Mashamhanda reiterated his call for Malaba to resign due to lack of probity as seen by his failure to prevail on the rot at JSC highlighted above.
“The Judicial Services Commission has under your leadership failed to respect and fulfil the founding values and principles covered in section 3 of the constitution of the Republic of Zimbabwe.
“This is the rule of law and principles of good governance which are respect for the people of Zimbabwe, from whom the authority to govern is derived. Transparency, Justice, accountability, and responsiveness.
“In order to protect the integrity of the judicial system in Zimbabwe and the interests of the people of Zimbabwe YOU MUST RESIGN AS A MATTER URGENCY.
“The three Honourable judges of the Supreme Court that is Honourable Deputy Chief Justice Gwaunza, Honourable Justice Guvava and Honourable Justice Bhunu must resign.
“They brought shame and disgrace to the Judiciary through manufacturing lies which they in cooperated in their judgment. They also abused their offices by compelling young researchers to lie for the benefit of a fraudulent judgment in favour of a cartel member.”
He added:
“The two Honourable Justices of the High Court, Katiyo and Chirau-Mugomba and three honourable Justices of the Constitutional Court, Justice Garwe, Justice Hlatshwayo and Justice Patel must be subjected to tribunal Hearings.
“Apart from what I said in my complaint letters their conduct advanced the agenda of the cartel to deny me justice. Justice delayed is justice denied.”
The letter was copied to the Zimbabwe Human Rights Commission, Minister of Justice Legal and Parliamentary Affairs, The Chairperson of Zimbabwe Anti-Corruption Commission, and Zimbabwe Gender Commission. It was also copied to the Chairperson Parliamentary Legal Committee and the Chief Secretary Office of the President and Cabinet, Martin Rushwaya.
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