by Innocent Mujeri
The Judicial Service Commission has said the suspension of Justice Erica Ndewere has nothing to do with her granting bail to the MDC Alliance’s Vice Chairperson Job Sikhala as has being insinuated by some sections of the media.
Over the past few days, there were false reports on social media as well as the mainstream media that Justice Ndewere was being persecuted for granting bail to Sikhala who was facing incitement charges.
In a statement yesterday, the JSC said it was concerned with the false accusations that Justice Ndewere was being persecuted for delivering a judgement not favourable to her bosses.
“The JSC is concerned with the false accusations being peddled against it by some sections of the press and social media platforms. The misleading statement seek to link the institution of processes to investigate the question of the removal of Honourable Justice Erica Ndewere from the office of judge of the High Court to the bail hearing of Honourable Job Sikhala that she recently presided over,” said the JSC in a statement.
The JSC further said the investigations into misconduct allegations against Justice Erica Ndewere were formalised in March this year and have nothing to do with her granting bail to Sikhala.
The JSC said it is very unfortunate for the media to attempt to link a genuine accountability process that the Justice Ndewere is going through with the decisions she made in court.
“It is, therefore, unfortunate for one to attempt to link a genuine accountability process that the Honourable Judge is going through with the decisions that the judge made in court.
“The Judicial Service Commission respects and indeed makes every effort to protect the independence of the Judiciary. This is a constitutional imperative which we will always adhere to,” said JSC.
Facts are that allegations against Justice Ndewere arose on October 22 last year, many months before Sikhala was arrested and applied for bail in the High Court last month.
However formal investigations against Justice Ndewere started on March 12 this year, and she formally responded to the allegations on May 6, before the matter was referred for consideration by the JSC in terms of the Constitution on 11 September.
Sikhala was only granted bail last month many months after Justice Ndewere was already facing displinary charges.
The Justice Ndewere is facing a tribunal to be set up soon to look into her suitability to hold the office of a judge. She is being accused of conduct inconsistent with a judicial office.