Government Gazette Error Raises Questions Over Zimbabwe Constitutional Court Appointment

Zimbabwe’s Justice Ministry has come under criticism after an error in the Government Gazette caused uncertainty over the appointment of judges to the Constitutional Court.

The gazette stated that President Emmerson Mnangagwa, acting under powers introduced by Constitutional Amendment No. 3, had appointed 14 judges to the High Court and Labour Court and promoted several High Court judges to the Supreme Court and Constitutional Court.

Among those listed for elevation to the Constitutional Court were Justices Antonia Guvava, Lavender Mavangira and Chinembiri Bhunu.

However, there is no judge known as Lavender Mavangira. The name appears to combine those of two judges, Lavender Makoni and Susan Mavangira.

The error left uncertainty over which judge was intended to be appointed to the Constitutional Court.

Two Judges Sworn In

Only Justices Guvava and Bhunu were sworn in by Chief Justice Elizabeth Gwaunza on Thursday.

The apparent discrepancy means it remains unclear from the published notice whether Justice Makoni, Justice Mavangira, or both were intended to receive appointments to the Constitutional Court.

Lawyer Advocate Method Ndlovu criticised the error, arguing that an official record of judicial appointments must accurately identify the judges concerned.

He said the Government Gazette was the state’s authoritative means of communicating judicial appointments to the public and questioned the legal implications of publishing incorrect names.

“Such an error is not a harmless typographical blemish. It offends the principle of legality, compromises the certainty demanded of official acts, and undermines public confidence in the administration of justice.”

Ndlovu also questioned how the error had passed through the public offices involved in preparing the notice without being detected.

He called for the notice to be withdrawn, corrected and republished, saying the appointments should not be left to uncertainty or subsequent explanations.

Questions about the error have been sent to Justice Minister Ziyambi Ziyambi. No response is included in the supplied material.

Wider Judicial Appointments

The appointments follow constitutional changes that removed the requirement for judges to undergo public interviews before appointment or promotion.

Mnangagwa has subsequently exercised the new powers to promote magistrates and appoint officials from institutions including the Justice Ministry, National Prosecuting Authority and Sheriff’s office to the High Court.

The newly appointed High Court judges are Anita Tshuma, Vongai Guwuriro, Gamuchirai Siwardi, Donald Osmond Ndirowei, Justin Uladi, Loveness Ngwanga, Charles Paul Manhiri, Feresy Chakanyuka, Stanford Mambanje, Timeon Makunde and Judith Ziyu.

Manhiri joins the bench from the Justice Ministry, Uladi from the National Prosecuting Authority, while Tshuma previously served as chief registrar of the High Court. Siwardi was formerly Chief Sheriff of the High Court.

Several of the appointees come from the magistracy.

Three former magistrates — Yvonne Masvora, Estere Chivasa and Taurai Manwere — have been appointed to the Labour Court.

Justices Gibson Musariri, Gladys Chidziva, Bianca Makwande and Clever Garikai Tsikwa have moved from the Labour Court to the High Court.

Eight High Court judges have also been elevated to the Supreme Court: Justices Mary Zimba-Dube, Garainesu Mawadze, Happias Zhou, Joseph Martin Mafusire, Amy Tsanga, Esther Muremba, Tapiwa Chitapi and Maxwell Munodawafa Takuva.