November Mtshiya

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November Mtshiya
November Mtshiya Cheda Biography
Known forBeing a retired High Court judge

November Mtshiya is a Zimbabwean lawyer and retired judge. In September 2021, Mtshiya was appointed chairman of the tribunal to investigate the suitability of Thompson Mabhikwa to hold a judicial office. He replaced Maphios Cheda who had recused himself.

In July 2019, Mtshiya was appointed an acting judge of the High Court bench to preside over matters in the special courts for Income Tax Appeals and Fiscal Appeals of the higher court.

Background

November Mtshiya is an acquaintance of Ibbo Mandaza. In 2016, Mtshiya recused himself from hearing a Stanbic Bank Zimbabwe application against Mandaza seeking payment of more than US$88 000.[1]

Career

In 2016, Mtshiya retired after serving nine years on the High Court bench.

In 2019, November Mtshiya was appointed an acting judge of the High Court bench to preside over matters in the special courts for Income Tax Appeals and Fiscal Appeals of the higher court.

Mtshiya was appointed together with Nicholas Ndou and Vernanda Ziyambi. The appointment was with effect from 2 July 2019. Until his appointment in the special courts for Income Tax Appeals and Fiscal Appeals of the higher court, Mtshiya was an acting judge of Appeal at the Lesotho Appeal Court.[2]

Ray Goba Tribunal

In July 2018, he was appointed chairperson of a three-member tribunal to establish whether or not Ray Goba was still fit to continue as Zimbabwe's Prosecutor General. November Mtshiya worked with Advocate Takawira Nzombe, and another lawyer Ms Wendy Chingeya. The three were sworn in on 17 July 2018.[3]

Before the tribunal could commence its work, Goba tendered his resignation.[4]

Mabhikwa Misconduct Tribunal

On 14 September 2021, Mtshiya was appointed to replace Maphios Cheda who had recused himself from the inquiry on the grounds that he is related to the woman at the centre of the probe. The tribunal was set up by Emmerson Mnangagwa to investigate the suitability of High Court Justice Thompson Mabhikwa to hold a judicial office. Mabhikwa was asked to step down to preserve the integrity and dignity of the bench following reports he was allegedly involved in an intimate affair with a staff member of the High Court.[5]

Notable Rulings

In September 2016, Mtshiya barred Simon George Rudland and his company Livera Trading (Pvt) Limited from packaging and selling cigarettes bearing the brand name "RG" on the Zimbabwean market.

Tonbridge Assets Limited and Cut Rag Processors had approached the High Court after cigarettes bearing the name "RG" had flooded the market thereby prejudicing the owners of the renowned “Remington Gold” brand that is also shortened as "RG" on the tobacco market. November Mtshiya ordered the withdrawal of all such products from the market.

He also interdicted the respondents from launching the RG brand in Zimbabwe pending the finalization of the dispute.

He also ruled that Livera should remove its billboards, posters and other signs that had the RG logo.[3]

References

  1. Judge recuses self from $88 000 lawsuit against Mandaza, NewsDay, Published: June 17, 2016, Retrieved: September 20, 2021
  2. Fidelis Munyoro, President appoints acting High Court judges, The Herald, Published: July 4, 2019, Retrieved: September 20, 2021
  3. 3.0 3.1 Daniel Nemukuyu, https://www.herald.co.zw/ed-appoints-tribunal-on-goba-case/, The Herald, Published: July 17, 2018, Retrieved: September 20, 2021 Cite error: Invalid <ref> tag; name "TH" defined multiple times with different content
  4. Tendai Kamhungira, Goba off the hook, Nehanda Radio, Published: September 11, 2021, Retrieved: September 20, 2021
  5. Fidelis Munyoro, President appoints new chair for Justice Mabhikwa tribunal, The Herald, Published: September 16, 2021, Retrieved: September 20, 2021