The Law Society of Zimbabwe (LSZ) has broken its silence on the mounting judicial crisis, issuing a stern demand to President Emmerson Mnangagwa: appoint the recommended tribunal into Justice Never Katiyo immediately or risk the total collapse of public trust in the courts.
In a scathing letter addressed to Attorney General Virginia Mabhiza, the LSZ warned that the Presidency’s “inaction” is actively eroding the reputation of the bench. The intervention follows months of concerns regarding Justice Katiyo’s continued fitness for office after the Judicial Service Commission (JSC) formally recommended a probe into his conduct.
A Question of Fitness: Why the Tribunal is Urgent
The calls for a tribunal are not merely procedural; they go to the heart of whether Justice Katiyo is psychologically and professionally fit to preside over legal matters.
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The Allegations: Complaints against the High Court judge include claims that he issued a ruling on matters that were never even argued before him—a fundamental breach of judicial ethics.
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The Litigants’ Dilemma: High-profile human rights lawyer Beatrice Mtetwa has pointed out the “untenable” position of her clients, who are being forced to appear before a judge whose integrity is under a dark cloud.
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Constitutional Breach: Legal experts argue that by failing to appoint the tribunal, the President is in violation of Section 324 of the Constitution, which mandates that all constitutional obligations must be performed “diligently and without delay.”
The Constitutional Mandate
The LSZ is pushing for the activation of Section 186, which outlines the removal of judges. The process is designed to protect the judiciary from political interference while ensuring accountability.
| Section | Constitutional Requirement | Status of Justice Katiyo Case |
| Section 186 | Establishment of a Tribunal for misconduct/incapacity. | Recommended by JSC; Pending Presidential action. |
| Section 324 | Obligations must be performed without delay. | Violated (Per LSZ and Beatrice Mtetwa). |
The LSZ Executive Secretary, Edward Mapara, emphasized that the delay has moved beyond administrative sluggishness into the realm of judicial sabotage. The LSZ confirmed it submitted three names for potential tribunal members over two months ago, yet the process has stalled at the President’s desk.
“The judiciary’s reputation and integrity is seriously undermined by inaction… litigants face real and not imagined embarrassment,” Mapara stated.
For ZiMetro News, this stand-off highlights a growing friction between the executive and the legal profession. As Justice Katiyo continues to hear cases despite the JSC’s recommendation for his investigation, every judgment he signs becomes a potential target for future appeals, creating a legal minefield for the Zimbabwean justice system.
The Attorney General’s Office, which indicated in November 2025 that preliminary steps were complete, has remained silent on why the final appointment remains pending as we move deeper into 2026.
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