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Mr Gula-Ndebele was fired in 2008 by President Mugabe upon advice by a tribunal the Head of State and Government and Commander-in-Chief of the Zimbabwe Defence Forces had set up to inquire into the issue of his dismissal.
He filed a review application against the decision at the High Court and the challenge was dismissed, prompting him to appeal at the Supreme Court.
In his appeal, the former AG wanted his case to be remitted back to the High Court for determination before a different judge.
Initially, Mr Gula-Ndebele had wanted the superior court to set aside the lower court decision and quash the decision of the tribunal.
He decided to alter it after realising the highest court in the land could not determine that issue on appeal.
In a judgment handed down yesterday, Justice Vernanda Ziyambi allowed the appeal by Mr Gula-Ndebele.
The court held that the lower court misdirected itself in dismissing the application because of the non-citation of President Mugabe as a respondent.
Justice Ziyambi also states in her ruling that in terms of Rule 87 of the High Court the non-joinder should be a basis for dismissal of a cause.
She said, “once the court a quo found that the President was a necessary party, it should have invoked rule 87(2) and joined him as party to the proceedings.”
Although Mr Gula-Ndebele had wanted the matter to be heard by a different judge at the lower court, Justice Ziyambi ordered the matter to be heard by the same judge.
Justice Rita Makarau presided over the case, which gave rise to the appeal.
Deputy Chief Justice Luke Malaba and Justice Paddington Garwe concurred with the ruling.
Mr Gula-Ndebele had listed High Court judge Justice Chinembiri Bhunu who chaired the tribunal as the respondent.
Mr Gula-Ndebele’s lawyer Advocate Happias Zhou submitted that the tribunal was irrational and biased against the former AG.
He urged the court to set aside the recommendations that had been made to the President.
Adv Zhou, however, did not challenge the President’s action.
Adv Lewis Uriri, who represented Justice Bhunu, submitted that once the President had acted on recommendations of the tribunal, he had to be cited as an interested party.
He argued that the non-cital of the President was fatal to the High Court application.
President Mugabe fired Mr Gula-Ndebele following recommendations by the Justice Bhunu-led tribunal that investigated him.
The former AG was found guilty of corruptly assuring the then fugitive banker Mr James Mushore that he would not be prosecuted in “circumstances where he was liable for prosecution” and consequently instructed his office not to prosecute him.
Other members of the tribunal were High Court judge Justice Samuel Kudya, and Mr Lloyd Mhishi — a lawyer with Dube, Manikai and Hwacha law firm.
Mr Johannes Tomana replaced Mr Gula-Ndebele as AG.
Mr Mushore has since been acquitted on charges of contravening the Exchange Control Regulations.
Online Reporter