High Court Judge accused of fabricating judgment

Published: 21 hours ago

Respected constitutional lawyer Advocate Thabani Mpofu has made explosive allegations against High Court Judge Justice Never Katiyo, accusing him of inventing a court appearance and attributing legal submissions to him in a ruling delivered on July 28.

In a formal letter dated July 30 addressed to the Registrar of the High Court and copied to the Chief Justice, the Judge President, and the Executive Secretary of the Law Society of Zimbabwe, Mpofu described the judgment as "totally made up."

The case in question is Technoimpex JSC v Rajendrakumar Jogi & Others (Case No. HCH6784/19), in which Justice Katiyo's ruling indicates that Mpofu appeared on behalf of the applicant and presented oral arguments opposing the respondents' preliminary objections.

"It is obviously not true that I appeared before his lordship and made those submissions. In my view, the judgment is totally made up," Mpofu wrote. He emphasized that the matter is still pending and scheduled for a proper hearing on September 15.

Mpofu's complaint was prompted by a letter from the applicant's own lawyers, Sinyoro & Partners, who also distanced themselves from the alleged appearance. "We uplifted the judgment… It does not mention a date of hearing, but bears the Registrar's stamp dated 28 July 2025. We are not aware of the said appearance and therefore write to enquire when you appeared and on whose instruction," the firm stated.

The judgment itself skips any record of a hearing date and moves directly into legal reasoning. Justice Katiyo concluded the matter by dismissing the application on the grounds that the deponent to the applicant's affidavit was not duly authorised via board resolution — a technicality that the judge said invalidated the proceedings.

In his strongly worded letter, Mpofu warned that this was not the first instance in which Justice Katiyo had falsely attributed submissions to him. "This is not the first time in this dispute that his lordship has attributed submissions to me that I never made in the course of determining matters that were never argued before him," he said.

Mpofu also demanded an explanation as to why his name was inserted in the ruling, raising alarm bells over judicial integrity and the authenticity of judgments issued by the High Court.

Legal experts say the allegations, if proven true, could warrant serious disciplinary proceedings or a judicial tribunal to determine Justice Katiyo's fitness to continue in office. "This goes beyond professional misconduct — it undermines public confidence in the entire justice system," said one senior advocate who spoke on condition of anonymity.

Justice Katiyo, appointed to the High Court bench in 2021 by President Emmerson Mnangagwa, previously served as a magistrate in Chinhoyi and as legal director in the Ministry of Industry and Commerce. As of now, he has not responded to the allegations.

The Judicial Service Commission and the High Court have also not issued any public statements regarding the matter.

The incident has sent shockwaves through Zimbabwe's legal fraternity, with many observers describing Mpofu's challenge as a rare and bold act aimed at defending the integrity of legal proceedings and holding the judiciary to account.
- Zimlive

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