High Court judge Justice Never Katiyo is once again under fire after lawyers accused him of prematurely granting the National Prosecuting Authority (NPA) leave to appeal in a politically charged case.
The case involves opposition activists acquitted last year of attacking Zanu PF members and torching a vehicle worth US$15,600. The NPA missed its appeal deadline and sought condonation at the High Court.
On August 8, Justice Katiyo allowed the late appeal before the defence deadline to oppose had expired. Lawyers say the ruling was unlawful and prejudicial, demanding the judge rescind his order.
Adding to concerns, his ruling misstated the acquittal date by 20 years, an error critics say shows a troubling lack of attention in a sensitive case.
The complaint has been placed before Justice Katiyo, who must now decide whether to withdraw his own ruling the second time this month he has been forced into such a step.
Earlier, he reversed himself in a property dispute involving a Bulgarian investor, admitting his initial ruling had been “erroneously issued.”
Legal experts warn the blunders are no longer isolated.
“Once is an error, twice is a trend,” said a senior lawyer. “If litigants keep suffering from the same judge’s disregard of procedure, the integrity of the bench is at risk.”
The Judicial Service Commission has launched an inquiry following complaints from the Bulgarian case. If misconduct is found, President Emmerson Mnangagwa could be advised to set up a tribunal to assess Katiyo’s fitness to remain on the bench.
Katiyo, controversially appointed in 2021 after reportedly performing poorly in public interviews, previously served as a magistrate in Chinhoyi and as a legal affairs director in the industry ministry.
