HARARE
–
A
judge
appointed
to
the
High
Court
bench
in
June
this
year
has
been
accused
of
pursuing
litigation
that
is
“beneath
her
office”
in
a
fight
with
a
medical
aid
society.
Justice
Phillipa
Phillips-Sadza
accuses
CIMAS
of
delivering
her
blood
test
results
to
the
wrong
doctor,
and
then
failing
to
honour
a
settlement
in
which
the
company
allegedly
pledged
to
waive
her
medical
aid
premiums
for
three
months
along
with
those
of
her
10
dependents.
In
summons
filed
at
the
Magistrates
Court
in
Harare,
she
wants
the
court
to
order
CIMAS
to
pay
her
US$20,000
for
“shock,
physical
and
mental
pain
and
suffering
arising
from
CIMAS’
medical
negligence.”
The
incident
happened
in
2021,
before
she
was
appointed
a
judge.
She
says
in
her
claim
filed
on
October
24
that
CIMAS’
delays
in
delivering
results
for
certain
medical
tests
ordered
by
her
doctor
caused
her
to
suffer
“physical
distress
as
evidenced
by
her
going
on
her
monthly
period
which
was
not
due
at
the
time.”
Lawyers
who
spoke
to
ZimLive
said
the
judge’s
lawsuit
was
“unusual,”
“unnecessary”
and
“disturbing.”
“Judges
are
expected
to
pick
their
fights
wisely
and
exhibit
a
superior
moral
attitude
in
doing
so,”
one
lawyer,
who
asked
not
to
be
named,
said.
“Judges
must,
as
a
general
rule,
not
be
litigants.
That’s
why
you
need
to
obtain
leave
first
before
suing
a
judge.
This
reality
must
be
reflected
in
the
decision
by
a
judge
to
sue.
It
cuts
both
ways.”
Another
lawyer
questioned
why
Justice
Phillips-Sadza
had
waited
until
becoming
a
judge
to
pursue
the
claim
against
CIMAS.
The
lawyer
added:
“She
can’t
be
litigating
in
the
magistrates
court.
Suppose
she
gives
evidence,
can
a
magistrate
properly
make
credibility
findings
against
her?
“If
she
has
to
litigate,
she
must
have
a
proper
cause.
She
must
be
circumspect
and
protect
the
dignity
of
her
office.
What
part
of
her
missing
periods
is
a
legal
claim?
Do
we
have
to
talk
about
her
ladyship’s
periods?
Does
that
not
impair
the
dignity
of
her
office?”
The
lawyer
said
the
lawsuit
itself
was
“frivolous
and
demeaning.”
“It’s
just
beyond
the
pale,”
said
another
lawyer
who
also
spoke
on
condition
they
were
not
named.
“It
raises
the
question
of
her
fitness
to
hold
office.”
In
her
court
filing,
the
judge
said
she
was
seen
by
her
doctor
in
July
2021
and
advised
to
take
certain
medical
tests
the
results
of
which
would
be
used
for
further
medical
procedures.
She
says
not
only
did
CIMAS
delay
in
providing
her
the
results
for
the
time-sensitive
tests
but
they
also
sent
them
to
the
wrong
doctor
at
a
different
medical
facility
from
the
one
she
had
indicated.
She
says
this
led
to
treatment
delays
and
interfered
with
her
work
as
she
had
to
take
time
off
to
make
follow
ups.
Her
privacy
was
also
violated,
she
argues.
She
says
she
initially
sent
CIMAS
summons
in
November
2021
but
the
company
agreed
a
settlement
in
which
it
would
offer
free
subscription
to
her
and
her
10
dependents
for
three
months.
However,
she
says
CIMAS
only
provided
the
waiver
to
her
and
two
dependents,
and
excluded
the
other
eight.
She
says
she
has
tried
to
negotiate
with
CIMAS
but
the
company
refuses
to
cooperate.
Only
last
month,
the
same
judge’s
judgement
was
questioned
after
she
attended
a
Seed
Co
Zimbabwe-sponsored
Golf
Day
at
the
Borrowdale
Brooke
Golf
Estate.
One
lawyer
called
the
event
“the
biggest
gathering
of
litigants,”
referring
to
top
executives
whose
companies
are
in
court
or
are
guaranteed
to
have
matters
at
the
High
Court
soon.
Kathryn
