Prominent banker Nicholas Vingirai has filed a formal complaint with the Judge President of the High Court, accusing Justice Joel Mambara of serious judicial misconduct after allegedly granting court orders that were neither sought nor argued before him.
In a detailed letter dated December 16, 2025, Vingirai addressed his complaint to High Court Judge President Justice Mary Zimba-Dube. The correspondence was also copied to several senior offices and institutions, including the Office of the President and Cabinet, Chief Justice Luke Malaba, Judicial Service Commission (JSC) executive secretary Walter Chikwana, and the Zimbabwe Anti-Corruption Commission (Zacc), underscoring the gravity of the allegations.
The complaint arises from High Court case number HCH5356/25. Vingirai contends that in this matter, Justice Mambara exceeded his judicial mandate by ruling on substantive issues when the court was only seized with preliminary points. According to Vingirai, the judge’s actions went beyond the issues placed before him by the parties, amounting to conduct that undermines basic principles of judicial procedure.
Vingirai alleges that although Justice Mambara dismissed all the preliminary objections raised in the matter, he then proceeded to determine the case on its merits. He argues that these merits had neither been pleaded nor argued by either side, making the ruling procedurally irregular.
Nicholas Vingirai accuses High Court of judicial impropriety
More controversially, Vingirai claims that the judge granted the rescission of a judgment and ordered the joinder of parties, despite the fact that such relief had not been sought in the application before the court. He maintains that the application merely sought permission to file a rescission application, not the rescission itself or the joinder of additional parties.
“Despite the seriousness of the preliminary points, the judge dismissed all preliminary points and, inexplicably, proceeded to grant the application on the merits, which merits had not been argued by both sides,” Vingirai wrote in his complaint.
He went on to express astonishment at what he described as an unprecedented judicial move. “More preposterously, the judge proceeds to grant rescission of the judgment in my favour under HCH5712/24 and orders joinder of the applicants to my application under HCH5712/24, yet the application before him was not even asking for rescission and joinder. It was merely asking for permission to file an application for rescission,” he stated.
Vingirai questioned the legal basis upon which Justice Mambara granted relief that was not sought, suggesting that the ruling defied logic and established judicial practice. “The question I have for the Honourable Judge President is this: was Justice Mambara granting all this in anticipation of matters being brought before him in the future? This is simply astonishing,” he wrote.
He further challenged the judge’s characterisation of the judgment affected by the ruling, case number HCH5712/24. Vingirai argued that the judgment was not a default judgment, as claimed by the applicants, but rather a consent order involving the government of Zimbabwe.
According to Vingirai, the order in question was entered into by consent of the Ministry of Lands, Agriculture, Fisheries and Rural Development. He added that the ministry’s permanent secretary had deposed to an affidavit confirming the government’s position to return his farms, explaining that President Emmerson Mnangagwa and Cabinet had passed a special resolution acknowledging that the properties had been erroneously acquired.
Vingirai also disputed the opposing parties’ claims to the land, arguing that they only held what he described as “erroneously issued” offer letters, which he said did not amount to proof of ownership.
In addition, he pointed out that a substantive rescission application filed by the same applicants had already been struck off the roll by Justice Deme under case number HCH643/25. This, he argued, meant that Justice Mambara was only dealing with a condonation application and not an application for rescission.
“You will note, Honourable Judge President, that the applicants’ rescission application was struck off the register by Justice Deme under HCH643/25, which means that Justice Mambara was only faced with a condonation application before him and not an application for rescission,” Vingirai wrote. “Justice Mambara granted an application that was not even before the court at all.”
Describing the alleged conduct as unethical, Vingirai said it posed a serious threat to public confidence in the judiciary. He accused the judge of conduct that defeats the role of the courts as the final safeguard for citizens seeking justice.
Vingirai confirmed that his legal team would appeal the ruling and requested that any application for leave to appeal be heard by a different judge. He said he no longer had confidence that Justice Mambara could handle the matter impartially.
The complaint adds to previous scrutiny surrounding Justice Mambara. Earlier this year, ferrochrome producer Zimasco (Private) Limited lodged complaints with the JSC and the Law Society of Zimbabwe, implicating the judge — along with lawyers Wilson Manase and Valentine Kwande — in what the company described as an unlawful takeover attempt involving businessman Shepherd Tundiya’s Avim Investments.
Source- Byo24
