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High Court judge Justice Never Katiyo is once again under scrutiny after granting the National Prosecuting Authority (NPA) leave to appeal in a politically sensitive case before the deadline for respondents to file opposition had expired - a move lawyers say violated court rules.

The case involves opposition activists Clayd Mashozhera, Noel Munhuwei, Daud Jessub and Maureen Kademaunga, who, along with 11 others, had been accused of attacking Zanu PF members Cyril Nyauchi, Artwell Marwa and Spencer Mudarikwa, before torching a Toyota Spacio and its contents valued at US$15,600.

Their trial ended in November 2024 when the Harare Regional Magistrates' Court acquitted them at the close of the State's case. The NPA missed the deadline to appeal and later applied to the High Court for condonation.

On August 8, 2025, Justice Katiyo granted the application, allowing the NPA 10 days to file its appeal. But defence lawyers argue his ruling was premature and unlawful since the application was only served on August 4, giving the respondents until August 20 to file opposing papers, in line with Rule 59(b) of the High Court Rules.

"This judgment was granted in error and to the prejudice of the respondents," Mhishi Nkomo Legal Practice wrote in a letter to the Registrar, demanding that the judge rescind his own ruling under Rule 29(1)(a).

The controversy deepened after Justice Katiyo's order misstated the date of acquittal, saying it occurred in November 2004 instead of November 2024 — a glaring 20-year error that defence lawyers say underscores "a worrying lack of attention to detail in a matter of such gravity."

The Registrar confirmed on August 20 that the complaint has been placed before Justice Katiyo for consideration.

This latest incident adds to growing concerns about the judge's record. Earlier this month, he was forced into the unprecedented step of rescinding his own ruling in a commercial dispute between a Bulgarian investor and a local company, admitting his judgment had been "erroneously issued."

Legal experts warn that such repeated missteps could undermine confidence in the judiciary. "Once is an error, twice is a trend. If litigants keep finding themselves prejudiced by the same judge's disregard of procedure, then the integrity of the bench itself comes under question," said one senior Harare lawyer, speaking on condition of anonymity.

The Judicial Service Commission (JSC) is already probing Justice Katiyo following a complaint from lawyers representing the Bulgarian investor. If wrongdoing is established, the JSC may advise President Emmerson Mnangagwa to appoint a tribunal to assess his fitness to remain on the bench.

Justice Katiyo, who was appointed to the High Court in 2021 by President Mnangagwa despite reportedly performing poorly in JSC public interviews, previously served as a magistrate in Chinhoyi and as legal affairs director in the Ministry of Industry and Commerce.
- Zimlive