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Nqobile Tshili, Chronicle Reporter
PRESIDENT Mnangagwa has constituted a three-member tribunal to investigate the suitability of Bulawayo High Court judge Justice Thompson James Mabhikwa to continue serving on the bench after being charged for alleged misconduct, sexual harassment and possessing pornographic material.

The tribunal should complete the investigation within three months.

The tribunal is made up of Retired Justice Maphios Cheda who has been appointed chair, Mr Chaka Mashoko and Mrs Phillipa Magnify Phillips as members, while Permanent Secretary in the Ministry of Justice, Legal and Parliamentary Affairs Mrs Virginia Mabiza is the secretary for the tribunal.

The tribunal follows a Judicial Service Commission (JSC) investigation into the alleged love affair between Justice Mabhikwa and an assistant, Ms Oratile Nare, which resulted in nudes of the judge being leaked and circulated on social media in February.

According to JSC code of conduct, it is unethical for a boss and a subordinate to engage in an affair.

It is alleged that Justice Mabhikwa and Nare, who is Bulawayo High Court judge Justice Maxwell Takuva’s assistant, have been involved in an affair.

Nare became jealous after she saw the raunchy message and nudes sent to a rival by Justice Mabhikwa.

Out of anger, she reportedly forwarded Justice Mabhikwa’s exchanges with the other woman to almost all his contacts, including a judges’ group.

This prompted the JSC to start investigating Justice Mabhikwa and recommending that the President set up a tribunal to determine whether the judge could continue holding his post.

President Mnangagwa received the JSC recommendation dated June 1 before he set up the tribunal through Statutory Instrument 170A of 2021, Proclamation 4 of 2021 dated June 15.

“Now, therefore, under and by virtue of the powers vested in the President as afore said, I do, by this proclamation — (a) establish a Tribunal to inquire into the question of removal from office of the Honourable Justice Thompson James

Mabhikwa; (b) appoint Retired Justice Maphios Cheda, as Chairperson of the Tribunal; (c) appoint the Secretary for Justice, Legal and Parliamentary Affairs to be the secretary to the Tribunal; (d) direct that the Tribunal shall be held for a period of five months from the date of swearing in of members, at such appropriate venue as shall be determined by the tribunal,” said President Mnangagwa in a proclamation.

He said the terms and reference of the tribunal is to investigate the matter into removal from office Justice Mabhikwa after the judge was charged with three offences.

“To investigate into the matter of Honourable Justice Mabhikwa’s conduct, whether it can be deemed to have been tantamount to gross misconduct; (iii) to investigate whether or not the Honourable Justice Mabhikwa; A. committed acts of sexual harassment; B. possessed pornographic material,” he said.

“To consider all information submitted by the JSC in order to arrive at an appropriate recommendation to the President; (v) to investigate any other matter which the tribunal may deem appropriate and relevant to the question of removal from office of a Judge in terms of the law; (vi) to recommend on whether the Honourable Judge, is fit to hold office in the light of the foregoing; (vii) to report to the President, in writing, the result of the inquiry within a period of three months from the date of swearing in of the Members; (g) direct that the inquiry shall be held both in public, or privately, as the exigencies of the tribunal may determine.”

President Mnangagwa set the tribunal in line with the dictates of section 187(1) of the country’s Constitution.

“Whereas section 187(1) of the Constitution of Zimbabwe, provides that, a judge may be removed from office only for inability to perform the functions of his or her office, due to mental or physical incapacity, gross incompetence or gross misconduct; and whereas section 187(3) of the Constitution of Zimbabwe provides that, if the Judicial Service Commission advises the President that the question of removing a judge, from office ought to be investigated, the President must appoint a tribunal to inquire into the matter,” said the President.

In SI 170A of 2021, Proclamation 4 of 2021, President Mnangagwa clarifies steps that are taken before a High Court judge is fired from office. — @nqotshili