Ex-High Court judge Erica Ndewere’s husband Jeremiah Mususa dies

HARARE – Former High Court judge Justice Erica Ndewere has lost her husband Jeremiah Mususa, a retired teacher and pastor with Apostolic Faith Church in Portland Oregon.

Ashbel Ndewere, the brother of Justice Ndewere said in a statement that the family was waiting for Mususa’s relatives who live in Zambia and his funeral service was expected to be held at the Apostolic Faith Church in Highfield on Monday.

Ndewere said that her sister has lost a pillar of support who believed in her honesty and integrity.

Mourners are gathered at number 4 Kurrichane Way Mandara, Harare.

The tragic news comes at a time when Justice Ndewere is challenging her controversial dismissal from office in 2021 by dragging President Emmerson Mnangagwa to court.

She was fired by Mnangagwa after a tribunal investigated her. The Judicial Service Commission also accused her of wrongly quashing a prison sentence imposed on a thief and taking too long to deliver judgments.

But Ndewere claimed that she was being victimised for resisting Chief Justice Luke Malaba’s alleged interference with her court rulings.

Ndewere has dragged the President to court arguing that he failed to fulfill a constitutional obligation enshrined in section 187(8) when he removed her from the office of a judge on account of the “invalid, unlawful recommendations” of the Simbi Mubako Tribunal.

According to the court papers, the former top judge says Mnangagwa did not file an opposing affidavit, dismissing the one filed by Justice, Legal and Parliamentary Affairs Minister Ziyambi Ziyambi as inadmissible hearsay.

“He (Mnangagwa) cannot delegate this responsibility in such serious matters taking into account that the constitutional obligation enshrined in section 187(8) of the Constitution is specific and one which is only exercisable by him.

“Consequently, there is no valid opposing affidavit before the court,” Ndewere argues.

“In any event, the opposing affidavit purportedly deposed to by Ziyambi Ziyambi constitutes inadmissible hearsay. Ziyambi Ziyambi is the Minister of Legal and Parliamentary Affairs.

“He does not share the constitutional obligation enshrined in section 187(8) of the Constitution with the President.

“He does not know what the President received, read and considered when he removed me from office. Only the President does and no affidavit confirming the averments in Ziyambi Ziyambi’s affidavit.”

Critics argue that the former judge was dismissed as punishment for granting bail to then MDC Alliance deputy chairperson Job Sikhala.