Legal Storm Brews as Judge accused of Fabricating Submissions

Harare,​ Zimbabwe – A serious controversy​ has⁣ erupted within Zimbabwe’s legal fraternity, with a prominent lawyer, Advocate Thabani Mpofu, publicly ⁣accusing High Court judge Justice Webster kashiri ⁣of fabricating submissions adn attributing them to ⁢him in a recent judgment. ⁤The‌ allegations, detailed in a letter ⁤copied‍ to the Chief Justice, the Judge President, and⁤ the Executive Secretary of the Law Society‌ of Zimbabwe, signal a grave challenge to judicial integrity and could have notable repercussions for Justice kashiri’s tenure.

Lawyer ⁢Denies⁤ Court Appearance in Contested Judgment

The crux of the dispute lies in ‍a‍ judgment delivered by Justice Kashiri, which advocate ⁣Mpofu claims was based on arguments he never presented. According to Mpofu,he ⁣did not appear before​ Justice Katiyo in the‍ matter,yet the judgment,dated July 28,2025,purports to​ have considered his submissions.⁢ The matter is reportedly still pending, with arguments scheduled for September 15.

“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,”‍ Mpofu stated ‌in his letter, underscoring a pattern of​ alleged misrepresentation.

The complaint ‍was prompted by⁣ an ⁣inquiry from Sinyoro & Partners,⁤ the law firm representing the applicant in the⁤ case. they too disavowed any ⁣knowledge of the alleged court appearance, writing to Mpofu: “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 thus wriet to enquire when​ you appeared and on whose⁤ instruction.”

The judgment itself, which dismissed the matter for want of authority, makes‍ no mention of a hearing date. It proceeds directly to legal analysis, citing ‌company law principles. justice Kashiri’s ⁤ruling hinged on ⁤the finding that the deponent to the ⁢applicant’s affidavit lacked proper board resolution authorization, a ‌procedural flaw deemed fatal to the ​case.

Implications‌ for⁤ Judicial Accountability

Mpofu’s public challenge to⁤ Justice Kashiri’s conduct⁤ is​ rare and has‍ sent shockwaves ⁣through the legal community. Legal analysts suggest that‍ if the allegations ⁣are substantiated, ⁣they could trigger a tribunal to investigate the judge’s fitness for office. The implications of a judge allegedly‍ fabricating submissions and attributing ‍them to counsel are profound, raising serious questions about the accuracy and authorship of judicial decisions.The High Court, the Judicial​ Service Commission, and Justice Kashiri have yet to issue a public response to these serious allegations.

Justice Kashiri, a former magistrate in Chinhoyi and previously the legal ‍director in the ‌ministry ​of ‍industry and‌ commerce, was appointed‌ as a judge by President Emmerson ​Mnangagwa in 2021. The unfolding​ situation‍ places a spotlight‌ on the mechanisms for​ ensuring judicial accountability and maintaining public trust in the justice system.