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Mashudu Netsianda, [email protected]

PRESIDENT Mnangagwa has appointed retired High Court judge Justice Moses Chinhengo to head a three-member tribunal to determine Harare High Court judge Justice Nicholas Webster Chinamora’s suitability to hold the top judicial office following misconduct allegations against him.

According to a gazette notice published yesterday, other members of the tribunal are Dr Gift Manyatera and Ms Clara Phiri, both practicing lawyers.

The tribunal  must finish its investigation within five months of being sworn in.

The tribunal will also investigate and establish whether there is evidence of gross incompetence and misconduct on the judge’s part.

Justice Chinamora is facing a series of allegations ranging from conflict of interest, judicial misconduct, and bribery.

The Judicial Service Commission (JSC) formally advised President Mnangagwa on March 9,2023 to constitute a tribunal to inquire into the question of Justice Chinamora’s removal from office as a judicial officer.  The recommendations were made in terms of Section 187 (1) and (3) of the Constitution to ascertain if the judge is still mentally and physically fit to continue working.

Section 187(1) of the Constitution 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.

Section 187(3) of the Constitution provides that, if the JSC 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.

“Now, therefore, under and by virtue of the powers vested in the President as aforesaid, I do, by this proclamation establish a Tribunal to inquire into the question of removal from office of the Honourable Justice Nicholas Webster Charakupa Chinamora,” read the proclamation.

“I appoint Retired Justice Moses Chinhengo as Chairperson of the Tribunal; appoint the Secretary for Justice, Legal and Parliamentary Affairs to be the Secretary to the Tribunal; direct that the Tribunal shall be held within a period of five months from the date of swearing in of members, at such appropriate venue as shall be determined by the Tribunal, and direct that the report shall be availed at the conclusion of the inquiry.”

The terms of reference, according to the proclamation, shall be to investigate the matter of the removal from office of Justice Chinamora, investigate his conduct as alleged in the dossier from the JSC, whether it can be deemed to have been tantamount to gross misconduct.