The Sunday Mail
Kuda Bwititi and Lincoln Towindo
High Court judge Justice Priscilla Chigumba could soon be investigated for bribery after the Judicial Service Commission determined that she has a case to answer. Justice Chigumba allegedly demanded US$20 000 from a litigant, Mr John Kanokanga of Harare, for her to deliver judgment in his favour.Mr Kanokanga is said to have lost the case after spurning the judge’s offer.
The matter came to light as Justice Chigumba was being considered for promotion to the Supreme Court in September 2016.
The Sunday Mail understands that the JSC met in Harare last Thursday and recommended an investigation.
According to procedure, this recommendation will be transmitted to President Mugabe who is empowered by law to appoint a tribunal to look into the matter.
In that case, Justice Chigumba will be suspended from duty pending the outcome of proceedings.
Chief Justice Godfrey Chidyausiku could neither confirm nor deny the development when contacted for comment yesterday.
“I cannot confirm or deny that because all matters of communication between the Judicial Service Commission and the President are subject to confidentiality.”
Impeccable sources told The Sunday Mail that the JSC took the decision “as there was enough evidence to warrant an inquiry”.
A source said: “The Commission decided that she has a case to answer. However, I cannot elaborate on the action that will be taken against her. You can be assured, though, that the JSC will not sweep the matter under the carpet.”
Another added: “Her case is likely to be sent to the President because that is what the Constitution says.”
Section 187 of the Constitution says a judge may be removed from office following a tribunal’s recommendation.
Part of the Section reads: “If the Judicial Service Commission advises the President that the question of removing any judge, including the Chief Justice, from office ought to be investigated, the President must appoint a tribunal to inquire into the matter.
“A tribunal appointed under subsection (2) or (3) must inquire into the question of removing the judge concerned from office and, having done so, must report its findings to the President and recommend whether or not the judge should be removed from office.
“. . .If the question of removing a judge from office has been referred to a tribunal under this Section, the judge is suspended from office until the President, on the recommendation of the tribunal, revokes the suspension or removes the judge from office.”
Justice Chigumba denied the allegations when the JSC first raised the matter, accusing Mr Kanokanga of being “mentally unsound by his own admission”.
She said, “Mr Kanokanga, during the course of the trial, had indicated that as a result of this eviction, he had become unable to function and had to be treated by doctors for a mental disorder which arose, as he said, from the fact that he had been impoverished by the eviction. He was very bitter.
“So, to answer your question, I did not directly or indirectly do or cause anything to be done which is inconsistent with my oath of office as a judge or my duty to dispense justice without fear or favour or prejudice.
“I would like Mr Kanokanga, if he has any evidence that he can avail to the Commission of whatever it is that he is alleging, to avail such evidence because an allegation which is baseless and without foundation, in my view, ought not to be allowed to influence anything that is adverse towards me unless and until it is substantiated.”
