The Law Society of Zimbabwe (LSZ) has stepped into the spotlight amid a deepening judicial controversy, urging President Emmerson Mnangagwa to urgently institute a tribunal to investigate Justice Never Katiyo. The legal body warns that continued delays could severely damage public confidence in the country’s courts.
In a strongly worded communication sent to Attorney General Virginia Mabhiza, the LSZ expressed concern that the Presidency’s failure to act is weakening the credibility of the judiciary. The intervention comes after the Judicial Service Commission (JSC) formally advised that Justice Katiyo be subjected to an inquiry, citing concerns over his suitability to remain on the bench.
Tribunal Call Goes Beyond Procedure
According to the LSZ, the issue at hand is not a routine administrative matter but a fundamental question of whether Justice Katiyo remains mentally and professionally capable of carrying out judicial duties.
Among the allegations levelled against the High Court judge are claims that he delivered judgments on issues that were never presented or argued before him—an action legal experts say strikes at the core of judicial ethics.
Prominent human rights lawyer Beatrice Mtetwa has also raised alarm, describing the predicament facing litigants as “untenable.” She argues that clients are being compelled to appear before a judge whose integrity and impartiality are under serious scrutiny.
Constitutional Obligations Under Fire
Legal practitioners contend that the failure to establish the tribunal amounts to a breach of Section 324 of the Constitution, which requires all constitutional duties to be executed promptly and diligently.
The LSZ is calling for the implementation of Section 186 of the Constitution, which governs the process for investigating and potentially removing judges accused of misconduct or incapacity. The provision is designed to preserve judicial independence while ensuring accountability.
LSZ Executive Secretary Edward Mapara said the prolonged delay has crossed the line from bureaucratic inertia into what he described as an active threat to the justice system. He revealed that the society submitted three proposed names for tribunal members more than two months ago, yet no further action has been taken.
“The integrity and standing of the judiciary are being seriously compromised by this inaction,” Mapara said, adding that litigants are facing genuine embarrassment and uncertainty.
Growing Tensions Within the Justice System
The standoff underscores widening tension between the executive branch and the legal profession. With Justice Katiyo continuing to preside over cases despite the JSC’s recommendation for an investigation, each ruling he delivers risks being challenged in future appeals, potentially destabilising the legal system.
Although the Attorney General’s Office indicated in November 2025 that preparatory steps towards establishing the tribunal had been completed, it has yet to explain why the final appointment has stalled as the country moves further into 2026.
