Witness Takunda Mtetwa v The Secretary, Judicial Service Commission N.O. and 2 Others

Key Issues

• {"issue_text":"Whether the disciplinary proceedings should be set aside due to the procedural impropriety of charging the applicant under a law not yet promulgated (retrospectivity).","issue_type":"procedural","dispositive":"no","related_facts":"The alternative charge was based on the Magistrates Code of Ethics of 2019, which was not in force when the alleged misconduct occurred."}
• {"issue_text":"Whether the disciplinary committee displayed bias by asking the applicant to address mitigation before delivering the verdict.","issue_type":"procedural","dispositive":"no","related_facts":"The committee requested mitigation addresses prior to finding guilt or innocence."}
• {"issue_text":"Whether the applicant was denied a fair hearing due to the sequence of witnesses, late provision of the original record, or late disclosure of panelists.","issue_type":"procedural","dispositive":"no","related_facts":"A witness was called before the complainant; the original record was provided on the hearing date; panelists were disclosed on the hearing date."}

Background