ED denies withholding Ndewere dismissal report 

Source: ED denies withholding Ndewere dismissal report – NewsDay Zimbabwe


PRESIDENT Mnangagwa has denied allegations that he withheld a full report containing the reasons why he dismissed former High Court judge Justice Erica Ndewere.

Ndewere last week filed an urgent chamber application seeking to compel the tribunal which heard her case to release the reasons for her dismissal by Mnangagwa.

In the application, Ndewere cited Mnangagwa and the three-member tribunal led by retired judge Justice Simbi Mubako, lawyer Charles Warara and Yvonne Masvora, who made recommendations for her removal from the bench, as respondents.

Ndewere claimed she had not been furnished with a copy of the tribunal’s determination after only learning of its existence through social media.

But in his opposing affidavit filed by Justice ministry permanent secretary Virginia Mabiza yesterday, Mnangagwa dismissed Ndewere’s claims and insisted that the former judge had been notified of his decision to dismiss her through the proper channels.

Mnangwagwa said he was not obliged to communicate his decision directly to her.

In the affidavit, Mabiza stated that Mnangagwa’s decision to fire Ndewere was communicated through Chief Justice Luke Malaba, who is the head of the Judicial Service Commission, the body responsible for matters relating to employment.

“The manner of communication of the first responsible was in his view, both appropriate and permissible in the circumstances,” Mabiza said.

Ndewere was dismissed last month after the tribunal set up to investigate her found her guilty of misconduct, but she claims she was being victimised for defying Malaba’s “unlawful orders”.