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Sacked High Court judge, Justice <a href="https://www.pindula.co.zw/Edith_Kuda_Mushore">Edith Mushore</a>, sold a government vehicle, a top-of-the-range Land Rover Discovery given to sitting judges.
A fortnight ago, President Emmerson Mnangagwa <a href="https://zero.pindula.co.zw/president-mnangagwa-fires-justice-edith-mushore/">removed Justice Mushore from the office</a> of Judge of the High Court for misconduct. 
The removal followed recommendations from a tribunal constituted in terms of the Constitution to investigate Mushore’s year-long absence from the Justice Cheda-chaired tribunal.
The Herald says Justice, Legal and Parliamentary Affairs Minister <a href="https://www.pindula.co.zw/Ziyambi_Ziyambi">Ziyambi Ziyambi</a>, confirmed the sale of the vehicle.  He is cited as saying:
<blockquote>
Yes, indeed, she sold one of the Government issued vehicles. We are not sure why she did so. She has left more than 90 incomplete cases.
Justice Mushore did not attend the hearing despite valid notifications being sent to her. It was on that basis that the tribunal made recommendations that she is not fit to hold the office of a judge.
</blockquote>
Initially, when she was asked to explain her absence from work last year, Justice Mushore said she was unwell, but failed to produce a sick note, according to <a href="https://www.herald.co.zw/sacked-judge-inexplicably-sold-govt-car/">The Herald</a>.
<h2>Some context:</h2>
Mushore was appointed to the bench in 2015 from private practice where she was an Advocate of the High Court.
Justice Mushore, who was attached to the Family Law Court at the High Court, last reported for work in mid-June last year.
Judges are not allowed to be absent from work for more than three days without official leave.
In May 2021, Mushore was one of the judges who ruled that Chief Justice <a href="https://www.pindula.co.zw/Luke_Malaba">Luke Malaba</a> had <a href="https://news.pindula.co.zw/2021/05/15/luke-malaba-no-longer-chief-justice-high-court/">ceased to lead the bench</a> upon reaching the age of mandatory retirement. Malaba appealed the ruling and won, and he remains the Chief Justice to date.
Some believe she was punished for that ruling.
<h2><a href="https://zero.pindula.co.zw/">Pindula News</a></h2>

Pindula News

Justice Minister Says Fired High Court Judge Mushore Sold A Govt Vehicle

President Emmerson Mnangagwa has removed Justice Edith Mushore from the office of a judge in terms of Section 187 of the Constitution of Zimbabwe.
This comes after the tribunal established to look into her unexplained absence from work handed its recommendations to President Emmerson Mnangagwa.
The Tribunal recommended that Mushore should be removed from the Office of a judge for acts of gross misconduct.
This was announced by the Acting Chief Secretary to the President and Cabinet Martin Rushwaya in a statement issued on Saturday, 10 September. Said Rushwaya:
<blockquote>
The Tribunal which was inquiring into the question of removal from office of Honourable Justice Edith Mushore, in terms of Section 187 (3) of the Constitution, has completed its work.
The Tribunal has reported its findings to His Excellency, The President, Cde Dr E.D Mnangagwa, and has recommended that Hon. Justice Edith Mushore be removed from the Office of a judge for acts of gross misconduct.
Accordingly, His Excellency The President, acting in terms of Section 187 (8) of the Constitution, has removed Hon. Justice Edith Mushore from the Office of Judge of the High Court.
</blockquote>
Mnangagwa appointed a tribunal to investigate Justice Mushore’s suitability for office after she last reported for duty on 14 June 2021 without giving reasons for her absence.
Judges are not allowed to be absent from work for more than three days without official leave.
In May 2021, Mushore was one of the judges who ruled that Chief Justice Luke Malaba had ceased to lead the bench upon reaching the age of mandatory retirement.
However, Malaba appealed the ruling and won, and he remains the Chief Justice to date.

President Mnangagwa Fires Justice Edith Mushore

President Emmerson Mnangagwa has appointed a tribunal to investigate High Court judge Justice Edith Mushore’s suitability for office after she allegedly failed to report for duty for months.
Justice Mushore last reported for work in June last year. According to law judges cannot be absent from work for more than three days without official leave.
Coincidentally, Justice Mushore was one of the judges who ruled last year that Luke Malaba ceased to be Chief Justice upon reaching mandatory retirement age.
In Proclamation 3 of 2022 published on Tuesday, Mnangagwa appointed retired judge Justice Maphios Cheda chairperson of the tribunal, and Justice, Legal and Parliamentary Affairs secretary Virginia Mabhiza its secretary. Pindula News publishes the proclamation in full below:
<blockquote>
WHEREAS section 187(1) of the Constitution of Zimbabwe, provides that, a judge may be removed from office only for inability to perform the functions of his or her office, due to mental or physical incapacity, gross incompetence, or gross misconduct;
AND WHEREAS section 187(3) of the Constitution of Zimbabwe provides that, if the Judicial Service Commission advises the President that the question of removing a judge, from office ought to be investigated, the President must appoint a tribunal to inquire into the matter;
AND WHEREAS the Judicial Service Commission, by letter dated 25th February 2022, formally advised the President that the question of removal from office of the Honourable Justice Edith Mushore, ought to be investigated;
AND WHEREAS section 187(4) of the Constitution of Zimbabwe, provides that, the President may, when he considers it advisable, appoint a tribunal consisting of three (3) or more members;
AND WHEREAS section 187(9) of the Constitution of Zimbabwe, provides that, a tribunal appointed under section 187 has the same rights and powers as commissioners under the Commissions of Inquiry Act [Chapter 10:07], or any law that replaces that Act;
AND WHEREAS the President may authorise the tribunal or Members or any quorum of them specified in the proclamation into any matter in which any inquiry would, in the opinion of the President, be of public welfare:
NOW, THEREFORE, under and by virtue of the powers vested in the President as aforesaid, I do, by this proclamation
(a) establish a Tribunal to inquire into the question of removal from office of the Honourable Justice Edith Mushore;
(b) appoint Retired Justice Maphios Cheda; as Chairperson of the Tribunal;
(c) appoint the Secretary for Justice, Legal and Parliamentary Affairs to be the Secretary to the Tribunal:
(d) direct that the Tribunal shall be held for a period of five (5) months from the date of swearing-in of Members, at such appropriate venue as shall be determined by the Tribunal;
(e) direct that the report shall be availed at the conclusion of the inquiry;
(f) direct that the Terms of Reference shall be as follows
(i) to investigate the matter of the removal from office of Honourable Justice Edith Mushore;
(ii) to investigate whether or not there is a reasonable explanation for Honourable Justice Edith Mushore’s failure to report for work without authorisation;
(iii) to investigate into the matter of Honourable Justice Edith Mushore’s conduct, whether it can be deemed to have been tantamount to gross misconduct;
(iv) to consider all information submitted by the Judicial Service Commission in order to arrive at an appropriate recommendation to the President;
(v) to investigate any other matter which the Tribunal may deem appropriate and relevant to the question of removal from office of a Judge in terms of the law;
(vi) to recommend whether the Honourable Judge, is fit to hold office in the light of the foregoing;
(vii) to report to the President, in writing. the result of the inquiry within a period of five (5) months from the date of swearing-in of the Members;
(g) direct that the inquiry shall be held both in public or privately. as the exigencies of the Tribunal may determine; and
(h) appoint the Members listed in the Schedule.
SCHEDULE APPOINTMENT OF MEMBERS TO THE TRIBUNAL
1. Retired Justice Maphios Cheri, Chairperson
2. Mr Charles Warara, Member
3. Mrs Yvonne Masvora, Member
Given under my hand and the Public Seal of Zimbabwe at Harare this 25th day of March. in the year of our Lord two thousand and twenty-two.
By Command of the President.
E. D. MNANGAGWA, President.
</blockquote>
<h4>More: <a href="https://zero.pindula.co.zw/">Pindula News</a></h4>

Mnangagwa Appoints Tribunal To Investigate Justice Edith Mushore

High Court judge Justice Edith Mushore has ordered comedienne Mai TT (real name Felistas Murata) to pay a friend she branded a witch, a prosti_tute, a gossiper, and cultists, Memory Muyaka $500 000( about US$ 6000 ) in damages for laying a scathing attack on her friend using her highly followed Facebook page.
Mai TT who was also slapped with the costs of the lawsuit, reportedly posted on her Facebook page that has close to 300 000 followers that the businesswoman Muyaka also blackmailed her clients.
The summons seen by the publication submitted on behalf of Muyaka reportedly stated that:
<blockquote>…These statements were both wrongful and defamatory of plaintiff (Muyaka) who is a business person and a legally married woman highly regarded in her community. The defendant (Mai TT) further claimed that the plaintiff had given charms to her husband so that he would not complain or question her when she committed adultery. This was false and intended to impute that the plaintiff is an evil person. This statement is wrongful and defamatory of the plaintiff, who is a Christian.</blockquote>
In delivering the judgment, Justice Mushore said:
<blockquote>After reading documents filed . . . and hearing counsel it is ordered that the defendant pays the plaintiff $500 000 … with interest at the prescribed rate starting from the date of judgment to date of payment in full,</blockquote>
One of  Mai TT’s friends is currently or remand as Mai TT reported her to the police and said she wanted to kill her and instructed her assistant to suffocate her with a pillow while she was in the hospital.
More: <a href="https://dailynews.co.zw/mai-titi-to-pay-500k-for-defamation/">Daily News </a>

High Court Orders Mai TT To Pay Her Ex-Friend $500K

The High Court today dismissed <a href="https://www.pindula.co.zw/Marry_Chiwenga">Marry Chiwenga</a> ‘s appeal to live at the matrimonial home she shared with the Vice President till her cases before the courts are finalised, The Herald reports.
Marry was seeking access to her matrimonial home and children till the hearing of an appeal filed at the Supreme Court.
Her appeal was dismissed today by Justice Judith Mushore on behalf of Justice Ephraim Tagu who said her arguments lacked weight.
In dismissing her appeal Justice Mushore said:
<blockquote>The application for leave to execute pending appeal is hereby dismissed. The order (Banda’s) will not be operational until the case is heard. The applicant is also ordered to pay the cost of the suit.</blockquote>
VP Chiwenga had previously challenged Justice Banda’s ruling that gave Marry permission to reside at her Borrowdale home pending trials for the charges she is facing.
More: <a href="https://www.herald.co.zw/just-in-mubaiwa-denied-access-to-matrimonal-home-again/">The Herald</a>

Marry Chiwenga Denied Access To Her Matrimonial Home For The Second Time

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