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Lawyer Jaqueline Sande, representing Savior Kasukuwere, has issued a retraction and apology for alleging that the judiciary was favouring the ZANU PF party in the case involving Kasukuwere and Lovedale Mangwana. Following these remarks, the Judicial Services Commission (JSC) instructed Sande to withdraw her statements and offer an apology.
The JSC deemed Sande’s comments to be unfounded, legally incorrect, and lacking any basis. They characterised her statements as malicious attacks aimed at undermining the integrity of the Supreme Court and its judges. The JSC expressed concern that if left unaddressed, such remarks would compromise the independence of the courts and erode public trust in the judiciary. Consequently, the JSC granted Sande a week to retract her statements publicly, issue a written letter of apology to the Supreme Court, and issue a written public notice acknowledging the harm caused by her false statements.
In response, Sande held a press conference where she expressed remorse for her comments. She stated that upon reflection and seeking advice from colleagues, she recognised the inappropriateness of her previous remarks. She said:
<blockquote>
I, Jaqueline Sande, a senior practitioner and founder of the firm Sande Legal Practice, hereby retract all the utterances I made during the press conferences which were found to be in bad taste or to be disrespectful of the judiciary and which were circulated on Twitter, Facebook and other social media platforms on the 28th of July 2023. 
</blockquote>
Watch the video below for more.
<div class="wp-video" style="width: 480px;">
<video class="wp-video-shortcode" controls="controls" height="842" id="video-263025-1" preload="metadata" width="480"><source src="https://t792ae.c2.acecdn.net/wp-content/uploads/2023/08/j-sande.mp4?_=1" type="video/mp4"/><a href="https://news.pindula.co.zw/wp-content/uploads/2023/08/j-sande.mp4">https://news.pindula.co.zw/wp-content/uploads/2023/08/j-sande.mp4</a></video></div>
Sande acknowledges that she may have crossed a line and, as a result, offers her apologies for the statements she made. Sande has been representing Kasukuwere following his disqualification from running for the presidency on the grounds that he spent 18 consecutive months outside of his constituency.
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<h3><a href="https://www.pindula.co.zw/">More Pindula News</a></h3>
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Lawyer Jaqueline Sande Apologises For Alleging Judiciary Bias In Kasukuwere Vs Mangwana Case

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

The High Court has struck off the roll an application for execution of a judgment granted in favour of ZANU PF activist, Lovedale Mangwana, who was seeking independent presidential candidate Saviour Kasukuwere’s disqualification from the race.
In his application filed earlier this month, Mangwana said he wanted the Zimbabwe Electoral Commission (ZEC) to go ahead and print ballot papers without Kasukuwere’s name.
However, when the matter was heard in chambers on Monday, 24 July, High Court judge Justice David Mangota removed the matter from the roll of urgent matters, ordering each party to bear its own costs.
Kasukuwere’s lawyer Method Ndlovu told reporters after the ruling that the judge indicated that he could not decide on an issue that was still before a higher court. Said Ndlovu:
<blockquote>
The court refused to hear Mangwana and removed the matter off the roll on the basis that there is no judicial economy at all for it to hear the matter today as the Supreme Court will finally deal with it on Thursday.
So the court was alive and aware of the fact that it is at risk of issuing an order which might be contradictory to what the Apex court of the land, the Supreme Court, will say in non-constitutional matters.
</blockquote>
In a Twitter post, Kasukuwere’s chief election officer Jaqueline Sande said ZEC should now go ahead and print the presidential ballot paper with Kasukuwere’s name on it. She said:
<blockquote>
The matter in which Lovedale Mangwana was seeking execution pending appeal was removed from the roll with no order as to cost.
[ZEC] there is nothing at this particular moment preventing you from printing the ballot with [Saviour Kasukuwere] as presidential candidate.
</blockquote>
Mangwana’s application for execution came after Kasukuwere appealed to the Supreme Court against an earlier High Court judgment that blocked him from standing in next month’s elections as a presidential candidate.
Mangwana wanted the High Court order, blocking Kasukuwere from contesting, to be executed pending the Supreme Court appeal.
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

Kasukuwere Presidential Nomination Challenger, Lovedale Mangwana, Suffers Court Setback

High Court Judge Justice David Mangota reserved judgment on Friday on a case filed by a private citizen <a href="https://www.pindula.co.zw/2023/06/28/zanu-pf-activist-moves-to-bar-kasukuwere-from-contesting-in-the-presidential-election/">seeking to bar</a> former cabinet Minister <a href="https://www.pindula.co.zw/Saviour_Kasukuwere/">Saviour Kasukuwere</a> from contesting in the August 23 elections on legal grounds.
Kasukuwere’s election agent, Jacqueline Sande, confirmed the court’s position in a tweet and expressed confidence that the application would be dismissed.
ZANU PF activist and lawyer Lovedale Mangwana filed an application seeking to prevent Kasukuwere from running on the grounds that he is no longer a registered voter in his constituency. Mangwana argues that Kasukuwere has been living outside Zimbabwe for more than 18 months, making him ineligible to run. He said:
<blockquote>
The 1st respondent (Kasukuwere) has not been resident in any constituency in the Republic of Zimbabwe for a period in excess of 18 consecutive months and his name cannot, by that circumstance, be retained on the voter’s roll.
</blockquote>
Mangwana contends that the nomination court erred in accepting Kasukuwere’s papers to contest in the elections as an independent Presidential candidate because his 18-month-long absence from the country and constituency meant that he had ceased to be a registered voter. He claims that the nomination court’s decision to register Kasukuwere as a candidate was in violation of the Constitution.
Saviour Kasukuwere, who has been in self-imposed exile in South Africa since 2017, registered to run as an independent presidential candidate in Zimbabwe’s upcoming election. However, Sande dismissed Mangwana’s case as “shallow and frivolous,” stating that Kasukuwere’s legal team, represented by Harrison Nkomo, contends that Mangwana approached the wrong forum without sufficient evidence to sustain his case.
Some observers have called for the abolition of the Electoral Act clause disqualifying individuals who have been out of their constituencies for a specific period from participating in an election, as this may affect many Zimbabweans living abroad who return home to vote during elections.
<h3><a href="https://www.pindula.co.zw/Saviour_Kasukuwere/">More Pindula News</a></h3>

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