JSC break into former Judge Ndewere’s home, seize Mercedes Benz
The fight for the Mercedes Benz allocated to Erica Ndewere has turned personal after Chief Justice Luke Malaba and Walter Chikwanha, Secretary to JSC, yesterday sent staff to seize the official Mercedes Benz that was issued to her when she was a Judge of the High Court.
JSC staff broke the gate and doors to Ndewere’s house. They spent 4 hours on the property after breaking into the garage and brought a lock smith to forcibly open the car.
It is understood that Ndewere barricaded herself in the bedroom as she feared for her life. Her husband was not at home.
Her lawyer Beatrice Mtetwa said in her letter to the JSC that it is tribalism and criminal abuse of office for Malaba to deny Ndewere and Francis Bere the right to buy their cars, while allowing a Ndebele judge, Thomson Mabhikwa to buy his cars which had not even clocked 5 years.
The matter of ownership and possession is still to be decided in the High Court.
Justice Chilimbe reserved Judgement last week on an in limine point of whether JSC Secretary Walter Chikwanha had authority to litigate without a specific resolution of JSC.
On Tuesday 1 November 2022 the lawyer for former Justice Ndewere wrote to the JSC through its lawyers Winterton and Holmes and told the JSC that her client wants to exercise the option for her to buy the vehicle and that she was still waiting for a letter from JSC regarding her terminal benefits that include her leave days, pension and entitlement to the car.
Mtetwa told the JSC that her client feels that she is being discriminated against on basis of tribalism because a former Judge Thompson Mabhikwa who was dismissed by JSC in April this year and who is of Ndebele tribe, was allowed to buy his car.
JSC filed court papers in Supreme Court alleging that Erica Ndewere was not entitled to buy the car because she was not a sitting Judge.
In a separate letter to Mtetwa and Nyambirai, Bianca Makwadze from JSC told the lawyers that Ndewere is entitled to buy the car but had not initiated the process of buying the car and therefore the car remains JSC property.
Ndewere says she has been victimised for disobeying Malawab’s unlawful order regarding bail for Prisca Mupfumira and Job Sikhala.
She told the Mubako Tribunal that Malaba threatened her with investigation when she refused to obey his order.
She also said she has been discriminated against because Judges with outstanding Judgements for 17 months were not put through a Tribunal.
She says she has been discriminated against because other Judges such as Francis Bere and Webster Chinamhora were put through an internal disciplinary process she is asking for, but she was denied.
Ndewere has several other court applications pending in the courts and sources told Nehanda Radio that she is determined to continue her fight until justice is done.