A High Court judge, Justice Amie Tsanga has ordered Harare magistrate, Collet Ncube to recuse himself from presiding over suspended chief magistrate, Mishrod Guvamombe’s trial.
Justice Tsanga also said Guvamombe should be indicted for trial in the High Court.
“It is therefore best to err in this instance in favour of maintaining public confidence in the justice delivery system given the significance of avoiding the appearance of impropriety in the first place,” Justice Tsanga said in her judgment.
“The order is granted as follows; the decision of the first respondent (Collet Ncube) on April 10, 2019 not to recuse himself, be and is hereby set aside. The first respondent be and is hereby ordered to recuse himself.
“The decision that the applicant (Mishrod Guvamombe) be indicted for trial in the magistrate’s court by the first respondent is hereby set aside and the applicant is to be indicted for trial in the High Court of Zimbabwe.”
Guvamombe had approached the High court challenging the decision by the Judicial Service Commission (JSC) to have him tried by his junior officers over criminal abuse of office allegations in the magistrates’ court.
Guvamombe is facing charges of allowing former Local Government Minister Saviour Kasukuwere and his former Information Communication Technology and Cyber Security counterpart Supa Mandiwanzira, placement on attachment at the courts while they were on remand.