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.