Prominent constitutional lawyer Advocate Thabani Mpofu has launched a scathing complaint against High Court judge Justice Never Katiyo, accusing him of falsely recording Mpofu’s appearance and arguments in a judgment that Mpofu says is “totally made up.”
In a formal letter dated July 30 to the Registrar of the High Court, Mpofu flatly denies ever appearing before Justice Katiyo in the matter of Technoimpex JSC v Rajendrakumar Jogi & Others (Case No. HCH6784/19), a case which the judgment claims was heard and argued.
“It is obviously not true that I appeared before his lordship and made those submissions. In my view, the judgment is totally made up,” Mpofu wrote.
The ruling, dated July 28, not only lists Mpofu as the lawyer representing Technoimpex JSC, but also includes detailed legal arguments allegedly made by him arguments Mpofu insists never happened. According to him, the matter is still pending and is scheduled for argument on September 15.
Adding weight to the accusation, the applicant’s own lawyers, Sinyoro & Partners, have also written to Mpofu disavowing any knowledge of the supposed court appearance or hearing.
“We uplifted the judgment. It does not mention a date of hearing but bears the Registrar’s stamp dated 28 July 2025. We are not aware of the said appearance,” they wrote.
The judgment itself is missing a hearing date and goes straight to legal analysis, ultimately dismissing the case based on a procedural irregularity namely, the applicant’s failure to provide a valid board resolution authorising the deponent of the affidavit.
Mpofu’s letter, copied to Chief Justice Luke Malaba, the Judge President, and the Law Society of Zimbabwe, hints at systemic concerns, stating this is not the first time Justice Katiyo has attributed arguments to him that he never made.
Legal experts say if proven, the allegations could be grounds for a judicial misconduct inquiry or tribunal, potentially calling into question judicial ethics and the integrity of court records.
As of now, the Judicial Service Commission, the High Court, and Justice Katiyo have not issued any public comment.
Justice Katiyo, who was appointed to the bench in 2021 by President Mnangagwa, previously served as a magistrate and legal director in the Ministry of Industry and Commerce.
