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Zimbabwe’s Judicial Service Commission (JSC) will be hosting a regional symposium on electoral justice at Elephant Hill Resort in Victoria Falls from January 31 to February 2, 2024. In a statement seen by Pindula News, the commission said the symposium is being organised by the African Electoral Justice Network (AEJN). It will focus on the theme of “Making the Dream of the African Charter a Reality: The Role of the Judiciary in Upholding the Rule of Law with specific reference to Free, Fair, and Credible Elections in Africa.” Read the statement in part:
<blockquote>
The symposium aims to bring together distinguished judges, legal experts, and scholars from across the region to deliberate on the crucial issues surrounding electoral processes and the vital role of the judiciary in ensuring transparent and fair elections. It will serve as a platform for sharing experiences, best practices, and innovative approaches to electoral justice among the participating nations.
We have extended invitations to 50 esteemed judges from various jurisdictions within the region, and their presence and active participation will contribute significantly to the success of this symposium. The event will feature keynote addresses, panel discussions, workshops, and interactive sessions. These sessions will explore emerging challenges and identify effective strategies for addressing them.
The chosen venue, Victoria Falls, renowned for its natural beauty and cultural significance, offers an ideal setting for this important gathering. Delegates will have the opportunity to immerse themselves in an atmosphere conducive to productive dialogue and networking.
The Judicial Service Commission is fully committed to upholding the rule of law and ensuring the independence of the judiciary. By organizing this symposium, we aim to foster a deeper understanding of electoral justice principles and enhance the capacity of judges to adjudicate election-related disputes with impartiality, fairness, and efficiency.
</blockquote>
The African Electoral Justice Network (AEJN), of which Zimbabwe is a member, brings together electoral dispute cases from courts, tribunals, and election management bodies across Africa. As Africa strives to deepen democracy, good governance, and respect for human rights, it is crucial to strengthen electoral justice systems and ensure high-quality democratic elections. The African Union recognises that regular and fair elections are essential for good governance, the rule of law, peace, security, stability, and development.
This symposium comes when there have been cases of electoral fraud in many African countries. Opposition parties often accuse ruling parties of cheating in elections to stay in power. They say elections have become a way for the ruling elites to legitimise their rule instead of being the true voice of the people. They also claim that the judiciary system is captured by political elites, therefore, seeking redress there is a waste of time.
<h3><a href="https://www.pindula.co.zw/">More Pindula News</a></h3>

Pindula News

Zimbabwe's Judicial Service Commission Hosts Regional Symposium On Electoral Justice

The High Court has postponed a case in which five workers’ unions are suing their employer and President <a href="https://www.pindula.co.zw/Emmerson_Mnangagwa/">Emmerson Mnangagwa</a> for blocking them out of salary negotiations.
Justice Lucy Mungwari postponed the hearing to another date after failing to log in to the Integrated Electronic Case Management System (IECMS), a virtual case management system recently rolled by the Judicial Service Commission (JSC). Said Edson Matika representing the unions:
<blockquote>
The court faced technical challenges with the IECMS virtual system. This resulted in the case being postponed to Wednesday 27 September 2023 at 9 am on the same platform.
</blockquote>
The IECMS (Integrated Electronic Case Management System) was expected to bring about improvements such as electronic case filing, automatic case allocation to judges, electronic case tracking, and virtual hearings, aiming to streamline the judicial process from filing to finalisation. However, the system has faced significant resistance, with litigants and lawyers expressing concerns about delays in delivering justice.
In the current case, several unions, including the <a href="https://www.pindula.co.zw/Zimbabwe_Teachers_Association_(ZIMTA)/">Zimbabwe Teachers Association (ZIMTA)</a>, the <a href="https://www.pindula.co.zw/Progressive_Teachers_Union_of_Zimbabwe/">Progressive Teachers Union of Zimbabwe (PTUZ)</a>, <a href="https://www.pindula.co.zw/Amalgamated_Rural_Teachers_Union_of_Zimbabwe/">Amalgamated Rural Teachers Union of Zimbabwe</a>, Educators Union of Zimbabwe (EUZ), and the Civil Service Employees Association (CSEA), are suing the government, alleging violations of their labor rights.
The unions’ application challenges the Public Service Act, arguing that it undermines the labor rights protected by the constitution by granting unilateral decision-making power to the Public Service minister and the Commission. They are advocating for collective bargaining, which allows unions to negotiate employment terms, including pay, benefits, working hours, leave, and workplace safety policies.
The unions seek a court declaration that sections 19, 20, and 31 of the Act are unconstitutional as they facilitate the violation of their members’ labor rights. They argue that the Commission and the Public Service minister have failed to engage in meaningful consultations with public service employees, thus infringing on their labor rights.
The respondents in this case include the Public Service Commission (PSC), President Mnangagwa, Finance Minister <a href="https://www.pindula.co.zw/Mthuli_Ncube/">Mthuli Ncube</a>, the Public Service minister, and the Attorney General.
<h3><a href="https://www.pindula.co.zw/">More Pindula News</a></h3>

Judge Postpones Salary Case Involving President Mnangagwa After Failing To Log Into The System

Lawyer Jaqueline Sande, who represents Savior Kasukuwere, has been instructed by the Judicial Services Commission (JSC) to retract and apologise for her comments made in relation to the case involving Kasukuwere and Lovedale Mangwana. The JSC asserts that Sande’s remarks during a press conference were factually and legally incorrect and lacked any foundation.
In a letter addressed to Sande, the JSC expressed its displeasure with her objectionable comments, which it believed denigrated the Judiciary as a whole and specifically targeted the Supreme Court and its honourable judges. The JSC cited specific statements made by Sande during the press conference that it deemed offensive.
The JSC reminded Sande that she is a practising legal practitioner and an officer of the court. It emphasised that making inappropriate statements about matters pending before the courts is prohibited by established law. The JSC highlighted that Sande’s comments falsely ascribed political motivations to the Supreme Court’s decision and accused the court and its judges of colluding with political parties.
The JSC demanded that Sande issue an immediate retraction of all objectionable statements, along with a written public apology to the Supreme Court for the harm caused to its reputation. The JSC requested a response from Sande within seven days from the receipt of the letter. Reads the letter to Sande:
<blockquote>
<h3>RE: COMPLAINT BY THE JUDICIAL SERVICE COMMISSION AGAINST YOU AND REQUEST FOR A RETRACTION AND APOLOGY: PUBLIC STATEMENTS MADE BY YOU IN A PRESS CONFERENCE HELD ON 28 JULY 2023 IN CONNECTION WITH THE MATTER OF SAVIOUR KASUKUWERE V LOVEDALE MANGWANA AND ORS SC 387/23</h3>
Reference is made to the above.
It has been brought to the attention of the Judicial Service Commission that following the dismissal of an appeal filed in the Supreme Court by Mr, Saviour Kosukuwere against the High Court decision of mangota J. you convened a press conference on a Jury 2023, which was recorded both as a live video recording and accompanying audio.
The recording has since been posted on Facebook and other social media platforms. We have also taken the trouble of having the recording transcribed. We attach hereto for your attention the full transcript of the press conference and a memory stick of the video recording.
During the press conference, you made serious objectionable remarks that denigrated the Judiciary in general, and the Supreme Court and its Honourable Judges, in particular. We highlight hereunder the extracted remarks which we consider objectionable and offensive:-
i. That, ‘the Supreme Court in its judgment has surely abdicated its duties, its judicial function….’. 
ii. That, ‘these processes which are already in motion are fortified by the deep-rooted desire to serve our beloved country and State institutions from brazen corruption which is escalating to the extent of plunging the whole country into a constitutional and electoral crisis’.
iii. That, ‘The judiciary has usurped the people’s power to decide who to lead them’. 
iv. That ‘The fate of the country has now been captured by a few individuals who have taken it upon themselves to twist the law and apply it unevenly in such a manner as to prejudice and deprive the majority of Zimbabweans of their right to vote which is enshrined in the Constitution’. 
v. That,’ … today a few individuals clothed in judiciary clothes have taken it upon themselves to limit that right and stifle the political space. This is indeed sad and regrettable’. 
vi. That, ‘There is collusion, independent constitutional bodies, the judiciary are working hand in glove seemingly, with the ruling party to avert the will of the people of Zimbabwe. This is regrettable and unfortunate in the history of our country’. 
vii. That,’ But we have seen that the courts in collusion with ZANU PF, in Collusion with Emmerson Mnangagwa have taken it upon themselves to try and vote for each citizen through dubious court orders which they cannot even back. If that judgment had any reasoning, we would have been there for an hour with the judge reading out the reasons why they think that our appeal is lame but they cannot even do so. In one minute, they were out. This is not a judgment that should be accepted as a fair judgment’.
The utterances you made at the press conference as highlighted above are both factually and legally incorrect and without any basis at all. The JSC is, as a result, concerned by the professional and ethical propriety as well as the legality of the statements that you made at the press conference concerned. Our basis for holding these views is as follows:-
i. You are a practising legal practitioner and a principal of a named law firm, Sande and Associates. You are therefore an officer of the court. You made unsavory and contemptuous comments on the Supreme Court bench because of the decision made by the Court that you did not like, and, which was now pending in the Constitutional Court. A time-honored practice, which has crystallized into law, prohibits the making of inappropriate statements on matters pending before the courts. 
ii. Having violated the sub judice rule, we also note that your remarks were an attempt to influence the outcome of the matters already or yet to be filed in the Constitutional Court and, consequently, defeat the course of justice. 
iii. The statements you made have the effect of scandalizing the court and its judges by ascribing to it political motivation in its decision. This is because it is not true that the Court and the judges are colluding with political parties and other political players as you stated. 
iv. As a legal practitioner, you must be aware that it is not uncommon for decisions of the courts to be handed down ex tempore and later followed by a full judgment. The inflammatory and reckless utterances you, therefore, made in the circumstances were not warranted. Moreso, you did not at any time as is the norm by legal practitioners request for written reasons from the Supreme Court.
The comments as highlighted above are vicious and concentrated attacks intended to vilify, denigrate and demean the integrity of the Supreme Court and its judges. The Judicial Service Commission is concerned that your statements if left unchallenged, intrude on the independence of the courts and undermine public confidence in the judiciary.
In the circumstances, we write this letter to you to request for an immediate retraction of ALL the objectionable and offensive statements you made on 28 July 2023 at the Press Conference via a public press conference and a written public notice coupled with a written letter of apology to the Supreme Court for the injury caused to its reputation and standing by your false statements.
We would appreciate to hear from you on your response within seven(7) days from the date of receipt of this letter. 
</blockquote>
<h3><a href="https://www.pindula.co.zw/">More Pindula News</a></h3>

JSC Orders Sande To Retract And Apologise For Alleging Court Capture

Justice Erica Ndewere has been found guilty on two counts of misconduct by a tribunal which has now recommended her removal as a judge.
President Emmerson Mnangagwa suspended Justice Erica Ndewere in November and appointed a three-member tribunal to investigate her for alleged misconduct following a recommendation by the Judicial Service Commission (JSC).

<ol>
<li class="entry-title"><a href="https://news.pindula.co.zw/2020/11/18/president-mnangagwa-swears-in-justice-ndewere-tribunal/">President Mnangagwa Swears In Justice Ndewere Tribunal</a></li>
<li><a href="https://news.pindula.co.zw/2020/11/11/justice-ndewere-asks-ed-to-investigate-chief-justice-malaba/">Justice Ndewere Asks ED To Investigate Chief Justice Malaba</a></li>
<li><a href="https://news.pindula.co.zw/2021/03/31/i-am-being-victimized-for-denying-unlawful-orders-justice-ndewere/">I Am Being Victimized For Denying Unlawful Orders – Justice Ndewere</a></li>
</ol>
The JSC accused Justice Ndewere of failure to clear her workload in reasonable time and failure to properly study the file on a thief’s conviction and sentence when she set aside a jail term.
During her trial at the tribunal, Justice Erica Ndewere denied the charges saying she is being victimised by the JSC for refusing to carry out illegal orders.
She denied allegations that she had 34 outstanding matters when she only had three and urged her accuser to provide the outstanding cases.
Commenting on the tribunal’s findings, former Primary and Secondary Education (GNU era), David Coltart said the independence of the judiciary is at stake. He added:
<blockquote>_This finding is disturbing. I understood that Judge Ndewere put forward a strong defence &amp; in fact exposed serious flaws in the allegations leveled against her. However, I’ll reserve further comment until I have read the judgment. The independence of our judiciary is at stake._</blockquote>
Some analysts believe Ndewere was one of the most objective voices in the judiciary.
More: <a href="https://news.pindula.co.zw">Pindula News</a>

JUST IN: Justice Erica Ndewere Found Guilty Of Misconduct

Zimbabwe Broadcasting Corporation (ZBC News) chief correspondent, Reuben Barwe won Makoni’s secretary for Information and Publicity in recent Zanu PF District Coordinating Committee (DCC) elections.
The “chaotic” elections were finally held on December 5 and 6 following logistical glitches that resulted in ballot distribution delays.
ZBC is a state broadcaster which has also come under fire for alleged biased partisan reporting prompting some to call for in-depth media reforms.
Barwe’s victory comes when the Judicial Service Commission <a href="https://news.pindula.co.zw/2020/11/17/magistrate-under-probe-for-contesting-in-zanu-pf-elections/" rel="noopener noreferrer" target="_blank">(JSC) has said it was investigating magistrate Milton Serima</a> after it emerged that he was contesting in ZANU PF’s District Coordinating Committee elections in Mt Darwin.
Another public office holder, Gweru prosecutor, Namatirai Chipere, subsequently resigned after reports which suggested that he started campaigning for a spot in the Zanu PF DCCs.
The Zimbabwean constitution prohibits the participation of public office holders in political affairs.
ZANU PF has often been accused of abusing the constitution with the opposition saying the ruling party was ruling by law instead of promoting rule of law.
More: <a href="https://zimmorningpost.com/reuben-barwe-wins-zanu-pf-makoni-elections/" rel="noopener noreferrer" target="_blank">Zim Morning Post</a>

ZBC Reporter, Reuben Barwe Wins In ZANU PF Election

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