Crimes and Courts
HARARE – High Court judge Justice Never Katiyo is embroiled in yet another judicial storm after granting the National Prosecuting Authority (NPA) leave to appeal in a politically charged case before the respondents’ deadline to file opposition had expired – a move legal experts say blatantly violates court procedures.
The case involves opposition activists Clayd Mashozhera, Noel Munhuwei, Daud Jessub, and Maureen Kademaunga, who were acquitted last November alongside 11 others on charges of attacking Zanu PF members and destroying property worth US$15,600.
In a ruling dated August 8, 2025, Justice Katiyo allowed the NPA’s application for condonation to appeal the acquittal, despite the fact that the respondents had until August 20 to file opposing papers as stipulated under Rule 59(b) of the High Court Rules.
“The judgment was granted in error and to the prejudice of the respondents,” Mhishi Nkomo Legal Practice stated in a formal complaint to the Registrar, demanding the ruling be rescinded.
The controversy deepened when it emerged that Justice Katiyo’s order contained a glaring factual error, misstating the date of the acquittal as November 2004 instead of November 2024 – a mistake defence lawyers say reveals “a worrying lack of attention to detail in a matter of such gravity.”
This incident marks the second time this month that Justice Katiyo has been forced to confront his own judicial errors. He recently rescinded his own ruling in a commercial dispute involving a Bulgarian investor, admitting the judgment had been “erroneously issued.”
Legal professionals have expressed growing concern over these developments.
“Once is an error, twice is a trend. If litigants keep finding themselves prejudiced by the same judge’s disregard of procedure, then the integrity of the bench itself comes under question,” a senior Harare lawyer told Zim GBC News on condition of anonymity.
The Judicial Service Commission has confirmed it is investigating Justice Katiyo following the previous complaint. If misconduct is established, the Commission may advise President Mnangagwa to appoint a tribunal to assess the judge’s fitness to remain on the bench.
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