JUDGE KATIYO CAUGHT IN FAKE RULING SCANDAL

Zimbabwean High Court Justice Never Katiyo is at the centre of a growing legal and political storm over a judgment that lawyers say is not only irregular but borders on outright fraud. The judgment, which concerns a property dispute involving Bulgarian state-owned company Technoimpex JSC and Harare businessman Rajendrakumar Jogi, was issued on 28 July 2025—before the matter had even been argued in court.

The scandal broke when lawyers from Sinyoro and Partners, acting for Technoimpex, discovered a judgment by Justice Katiyo discharging a provisional order and striking the matter off the roll. But the hearing is only scheduled for 15 September 2025, and there is still an interlocutory application pending. An interlocutory application is typically used to resolve procedural issues before the main case is heard.

To make matters worse, the judgment falsely claims that Advocate Thabani Mpofu appeared before the judge and made submissions on behalf of Technoimpex. The document also lists lawyers D. Sanhanga and L. Uriri as representing the other parties—appearances that, according to all involved, never happened.

Sinyoro and Partners immediately wrote to Mpofu seeking clarification. Their letter reads in part:
“We uplifted judgment in this matter… The judgment 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 therefore write to enquire when you appeared and on whose instruction.”

Mpofu, shocked by the mention of his name and the fabricated submissions, responded with a formal letter to the Registrar of the High Court.
“It is obviously not true that I appeared before his lordship and made those submissions. In my view, the judgment is totally made up,” Mpofu wrote.
He further expressed alarm that this was not the first time Justice Katiyo had attributed statements to him that were never made. Mpofu warned that the judgment issued for a case not yet heard was a clear irregularity and undermined judicial integrity.

Sinyoro and Partners then confronted Justice Katiyo directly, but the judge stood by his claims, insisting the lawyers had appeared before him and made the disputed submissions. Alarmed by this insistence, the law firm escalated the matter to the Judicial Service Commission (JSC), writing to its secretary Walter Chikwana on 31 July 2025.

In their letter to the JSC, the lawyers wrote:
“We are seriously concerned that the improprieties involved sail perilously close to criminality… The judge’s insistence that there was an appearance before him when it is objectively impossible is gravely worrisome… The discharge of the protection accorded our client without a hearing is by design. It is a response to due process which was seen as an impediment.”

The firm added that this was the second time Katiyo had issued a judgment on unargued issues, raising serious concerns about judicial bias and misconduct. They questioned whether there was an “intention to defeat” their client’s just rights and called for an immediate investigation.

The letter was copied to several senior figures in the legal system, including Chief Justice Luke Malaba, High Court Judge President Mary Zimba-Dube, and the Law Society of Zimbabwe. With foreign investments involved and the judiciary now under scrutiny, the pressure is mounting for accountability.

What happens next could set a powerful precedent about judicial conduct, transparency, and the fight against systemic abuse of power in Zimbabwe’s courts.