Supreme Court dismisses Ndewere’s appeal against tribunal 

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By Mary Taruvinga, Senior Reporter

The Supreme Court has dismissed with costs an application by former High Court judge, Justice Erica Ndewere, who challenged the tribunal hearing set by her employer against herself over misconduct allegations.

Ndewere had sued President Emmerson Mnangagwa and the Judicial Service Commission (JSC) for ordering a tribunal without conducting a disciplinary hearing first.

She was, however, fired by Mnangagwa in June last year before her appeal was heard.

The Supreme Court  panel of Justices Lavender Makoni, Nicholas Mathonsi and Samuel Kudya said her appeal has been overtaken by events.

“From the above authorities, it is settled that where a court makes a finding that an appeal is moot and declines to exercise its discretion to hear the appeal in the interests of justice, the court declines jurisdiction and dismisses the matter.

“That is the fate that befalls the present appeal.

“Everything considered, the appeal is clearly moot.

“The relief that Ndewere seeks has been overtaken by events,” said the Supreme Court.

There is no longer any live dispute between the parties for the court to resolve.

“Furthermore, the case does not fall into the category of cases where the court can exercise its discretion to hear a moot matter in the interests of justice.

“The appeal be and is hereby dismissed with costs,” said the judges.

Ndewere first mounted an application challenging the tribunal at the High Court.

Her application was dismissed by Justice Sunsley Zisengwe.

She then appealed at the Supreme Court.

The bench heard her case, but reserved its judgement in January this year.

The embattled former judge had argued that judges are entitled to have their case first investigated independently before referral to a tribunal.

In another recent judgement, the High Court also ordered confiscation of her official top of the range vehicle as battles between the former judge and the JSC persist.