BY BLESSED MHLANGA
MDC Alliance vice-chairman Job Sikhala wants Harare magistrate Ngoni Nduna removed from the bench, alleging that he was unfit to hold the position and was bringing shame on the Judiciary.
Sikhala, who spent over 20 days in detention after being denied bail by Nduna, told NewsDay that he has already instructed his lawyers to write to the Judicial Service Commission (JSC) so that they begin the process of assessing Nduna’s suitability for the bench.
“I am going to write a letter to the JSC in terms of the provisions of the Constitution and the regulations and rules that relate to the conduct of judicial officers during the dispensing of their business.
“I want to seek inquiry with the JSC over whether a Judiciary officer can manufacture his own evidence and facts and act upon them to deny an accused person his liberty on evidence that was not available to court. I want them to determine whether such an officer is fit and proper for him to continue to remain a judicial officer,” Sikhala said.
The Zengeza West MP said his assertions were supported by a recent ruling by the High Court judge Justice Tawanda Chitapi on his bail appeal hearing, who accused Nduna of creating his own evidence and acting on it to deny him bail.
“I was denied bail based on evidence which the magistrate manufactured himself because it’s not there. I will send the entire record of the court and find the reasons why he denied me bail — whether they are supported by the evidence adduced in court,” he said.
Nduna recently got another slamming when he was pulled off the case of journalist Hopewell Chin’ono. His efforts to pull out rights lawyer, Beatrice Mtetwa from Chin’ono’s legal team were also quashed.
Sikhala said he was also going to sue Nduna in his individual capacity because his actions were not in line with the Constitution.
“You can only sue a judicial officer if he has made a judicial malafide that is not in good faith. It is very clear in my case after having studied the evidence that was led in court and also the ruling of the magistrate that the ruling was malafide. It was not based on logic, it was not based on law, it was based on his manufactured evidence,” Sikhala said.
The MP faces a charge of publishing and communicating falsehoods for allegedly posting on social media allegations which the police deemed to be false, with the intention of soiling their name.
He spent 26 days at Chikurubi Maximum Security Prison after being denied bail by Nduna.
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