President Mnangagwa Appoints Tribunal to Probe High Court Judge Never Katiyo

High Court of Zimbabwe

President Emmerson Mnangagwa has appointed a tribunal to investigate whether Never Katiyo should be removed from office over allegations of gross misconduct. The tribunal will be chaired by retired judge Maphios Cheda and includes legal practitioners Tafadzwa Hungwe and Chaka Mashoko. The move follows a recommendation by the Judicial Service Commission (JSC), which advised the president in October 2025 that the allegations against Katiyo warranted a formal inquiry.

The delay in appointing the tribunal drew criticism from members of the legal profession.

Prominent lawyer Beatrice Mtetwa wrote to the Attorney General's Office in January this year expressing concern that litigants could still be required to appear before a judge whose conduct was already under serious scrutiny. Mtetwa said her firm represents a litigant in a High Court case in which Justice Katiyo allegedly included in a judgment matters that had not been presented before the court. Although the JSC acknowledged receiving the complaint in 2024 and indicated it would investigate, no outcome was communicated.

Justice Katiyo is also accused of issuing a judgment in a property dispute that allegedly recorded court proceedings that had not taken place. The case involved a dispute between Technoimpex JSC and a local company. The judgment reportedly stated that senior advocate Thabani Mpofu had appeared in the matter. Mpofu later denied participating in the case. Following the controversy, Katiyo rescinded his own ruling on August 7, 2025, acknowledging that it had been “erroneously issued.” The incident raised serious questions within legal circles about judicial integrity and due process.

Barely a week later, the judge faced further scrutiny after granting the National Prosecuting Authority leave to appeal in a politically sensitive case before the deadline for opposing papers had expired. The case involved opposition politician Maureen Kademaunga and several others who had been acquitted of allegedly attacking supporters of Zanu PF in 2024.

Justice Katiyo granted the NPA’s application for leave to appeal just four days after it was filed, despite respondents having until August 20 to submit their responses. Legal practitioners described the ruling as a procedural breach that prejudiced the respondents and demanded its rescission.

In a notice published in the government gazette, Mnangagwa said the tribunal will investigate whether Katiyo’s conduct amounts to gross misconduct and whether he is fit to remain in office. The inquiry is expected to run for five months from the date the tribunal members are sworn in, after which a report must be submitted to the president within one month. Under Section 187 of the Constitution of Zimbabwe, a judge may only be removed from office for physical or mental incapacity, gross incompetence, or gross misconduct.

The tribunal may hold hearings either in public or in private, depending on what it considers appropriate. Justice Katiyo was controversially appointed to the High Court in 2021 after previously serving as a magistrate in Chinhoyi and later as legal affairs director in the Ministry of Industry and Commerce.

Mnangagwa judicial probe