Dear Editor
HARARE-Justice Erica Ndewere, born on February 8, 1960, grew up in Kadoma, Zimbabwe, where her family operated some businesses.
She pursued her legal education at the University of Zimbabwe, graduating in 1983. Ndewere began her professional career as a public prosecutor in the Magistrate Courts from 1983 to 1986, before advancing to the role of senior law officer in the Attorney General’s Office.
Over the years, she built a substantial career in the judiciary, eventually rising to become the president of the Labour Court. In 2013, she was appointed as a judge of the High Court of Zimbabwe by President Robert Mugabe, and she was officially sworn in on July 14, 2014.
During her tenure on the High Court bench, Ndewere handled a range of cases, including those involving labor disputes, criminal matters, and politically sensitive issues. One of her notable decisions came in September 2020, when she granted bail to Job Sikhala, the vice-chairperson of the opposition Movement for Democratic Change (MDC) Alliance, who had been charged with incitement to public violence.
This ruling was seen as unusual in the context of frequent bail denials for opposition figures, drawing praise from constitutional experts like late Alex Magaisa for its independence but also speculation about potential backlash. She also granted bail to political activist Terrence Manjengwa in a related solidarity case. Ndewere’s decisions, particularly those perceived as defying directives from Chief Justice Luke Malaba, led to significant controversy. On October 13, 2020, the Judicial Service Commission recommended the establishment of a tribunal to investigate her fitness for office, citing undisclosed misconduct allegations. She was suspended on November 5, 2020, pending the tribunal’s inquiry. The charges against her included failing to manage her workload efficiently (such as delays in delivering judgments within reasonable timeframes), improperly reviewing case files (e.g., setting aside a conviction in a theft case), and gross incompetence.
Ndewere contested these claims, asserting she had only three outstanding matters (not 34 as alleged) and accusing the Chief Justice of targeting her for refusing unlawful instructions. The tribunal, chaired by retired judge Simbi Mubako, proceeded and ultimately found her guilty of misconduct. On June 17, 2021, President Mnangagwa dismissed her from the bench under Sections 187(3), (7), and (8) of the Zimbabwean Constitution, marking the end of her judicial career amid broader concerns about judicial independence in the country. She became the second judge dismissed under Mnangagwa’s administration, following Supreme Court Judge Francis Bere.
