President Emmerson Mnangagwa has wasted no time in using controversial new powers introduced under Constitutional Amendment No. 3, which was signed into law last month, to appoint 14 new judges to the High Court and Labour Court, while elevating others from the High Court to the Supreme Court and Constitutional Court.
However, the appointments have been marred by accusations of gross negligence against the Ministry of Justice, Legal and Parliamentary Affairs after an error in the Government Gazette created confusion over appointments to the Constitutional Court.
The gazette listed three judges as having been elevated to the Constitutional Court — Justices Antonia Guvava, Lavender Mavangira and Chinembiri Bhunu.
But there is no judge called Lavender Mavangira. The name appears to be a conflation of two judges, Lavender Makoni and Susan Mavangira, raising questions about the identity of the third judge supposedly appointed to the apex court.
As a result, only Justices Bhunu and Guvava were sworn in by Chief Justice Elizabeth Gwaunza on Thursday, 17 August, leaving unresolved whether Makoni or Mavangira, or both, had been appointed to the Constitutional Court.
Lawyer Advocate Method Ndlovu was among those who publicly criticised the faulty government communication.
Speaking to ZimLive, Ndlovu said it is intolerable for a Government Gazette — the state’s authoritative instrument for communicating judicial appointments to the very public from whom judicial power is derived — to misstate the names of the judges concerned.
“If the public is officially informed of the wrong names, a serious question arises as to the legal validity and legitimacy of the instrument purporting to record those appointments,” it added.
“Such an error is not a harmless typographical blemish. It offends the principle of legality, compromises the certainty demanded of official acts, and undermines public confidence in the administration of justice.
“Whoever was responsible must withdraw, correct and republish the notice without delay. Constitutional appointments cannot be left to conjecture, administrative carelessness or retrospective explanation.”
Mnangagwa used his newly acquired powers following constitutional amendments that removed the requirement for judges to undergo public interviews before being appointed or promoted.
The changes have allowed him to promote several magistrates and appoint officials from state institutions, including the Ministry of Justice, the National Prosecuting Authority and the Sheriff’s Office, to the High Court.
The new High Court judges are Anita Tshuma, Vongai Guwuriro, Gamuchirai Siwardi, Donald Osmond Ndirowei, Justin Uladi, Loveness Ngwanga, Charles Paul Manhiri, Feresy Chakanyuka, Stanford Mambanje, Timeon Makunde and Judith Ziyu.
Manhiri joins the bench from the Ministry of Justice, Uladi from the NPA, while Tshuma was formerly chief registrar of the High Court. Siwardi is the former Chief Sheriff of the High Court.
A large number of the new judges are drawn from the magistracy.
Three of the new judges — all former magistrates — Yvonne Masvora, Estere Chivasa and Taurai Manwere, have been appointed to the Labour Court.
Meanwhile, Justices Gibson Musariri, Gladys Chidziva, Bianca Makwande and Clever Garikai Tsikwa have moved from the Labour Court to the High Court.
Elevated from the High Court to the Supreme Court are Justices Mary Zimba-Dube, Garainesu Mawadze, Happias Zhou, Joseph Martin Mafusire, Amy Tsanga, Esther Muremba, Tapiwa Chitapi and Maxwell Munodawafa Takuva.
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