Proclamation 2 of 2026

Acting on the Judicial Service Commission's advice in a letter of 14 October 2025, the President has established a tribunal under section 187 of the Constitution to inquire into whether Justice Never Katiyo should be removed from office.

The tribunal is chaired by retired Justice Maphios Cheda, with Mr Tafadzwa Hungwe and Mr Chaka Mashoko as members, and the Permanent Secretary for Justice, Legal and Parliamentary Affairs as secretary. It has the powers of commissioners under the Commissions of Inquiry Act, sits for five months from the members' swearing-in at a venue it chooses, and may hold the inquiry in public or in private.

It is to investigate whether the judge's conduct amounts to gross misconduct, including whether he: handed down judgment in Technoimpex JSC v Rajendrakumar Jogi and Others (HCH6784/19) before the set-down date and without the lawyers' submissions; attributed submissions to named advocates who had not appeared; changed the judgment date from 4 July to 28 July 2025 after a complaint, to spare a party the need to seek condonation for a late appeal; rescinded the judgment, saying it was entered in error, to defeat investigations after a memorandum from the Chief Justice; granted the National Prosecuting Authority leave to appeal in HCHCR4331/25 before the respondents' time to oppose had expired; and had not delivered a judgment reserved on 7 November 2024 in HCH2524/22 nine months later.

The tribunal must consider the JSC's information, may investigate other relevant matters, and must recommend whether the judge is fit to hold office. The terms of reference require a written report within one month of the end of the hearing, while another paragraph directs that the report be availed at least 30 days after the inquiry concludes. The proclamation was signed on 13 March 2026.