Justice Erica Ndewere, a former High Court judge who was fired for incompetence, has filed an urgent chamber motion asking the authority to appeal the complete judgment that led to her dismissal.
Ndewere stated she first found out about President Emmerson Mnangagwa’s dismissal through social media. She claims that she is entitled to a full copy of the judgment because she may decide to appeal or request a review.
She filed an application on Thursday listing the President, Mnangagwa, the retired lawyers Yvonne Masvora and Charles Warara, as well as retired judge Simbi- Mubako, as well as the (JSC) and Justice Minister Ziyambi Ziyambi as respondents.
“In terms of the judicial Service Act [Chapter 7:18], I am entitled to appeal any decision with which I am aggrieved, and I can only do this if I am aware of the reasons why such decision was arrived at.”
Justice Erica Ndewere in a statement
Ndewere also contends that it is her constitutional right to have a copy of the tribunal’s judgment and that the JSC, Ziyambi, and all others involved with the tribunal should comply with her demand.
“In addition, in terms of the Administrative Justice Act as read with Section 68 of the Constitution of Zimbabwe, I am entitled to be given promptly and in writing the reasons why the Tribunal came to the conclusion that it did. I, therefore, contend that I have clear rights in terms of Section 68 of the Constitution and the Judicial Service Act… “
She is making a demand that the rebuttals hand her one copy of the decisions they made before 24 hours of service of the order because there is a limited time in which she can file a petition.
The case is still pending.
