Judge’s job on line as tribunal is set up to probe...

Judge’s job on line as tribunal is set up to probe his conduct

Zim Now Writer

President Emmerson Mnangagwa has set up a tribunal to probe allegations of misconduct against suspended High Court judge Justice Martin Makonese.

Makonese is accused of unilaterally issued an order in a matter he had financial interest when there was no court application before him.

According to a recent government notice, the tribunal will be chaired by retired judge, Simon Veke Mubako and is expected to complete its investigations in five-month period.

Part of the notice reads, “Now therefore, under and by virtue of the powers vested in the President as aforesaid, I do, by this proclamation: (a) establish a Tribunal to inquire into the question of removal from office of the Honourable Justice Martin Makonese”.

Mnangagwa also appointed Secretary for Justice, Legal and Parliamentary Affairs Virginia Mabhiza as tribunal secretary.

The tribunal, whose swearing in is expected to be held at a date yet to be announced, will avail a report at the completion of the inquiry.

Under its terms of reference, the tribunal was also tasked “to investigate Honourable Justice Makonese’s conduct as alleged in the dossier from the Judicial Service Commission, whether it can be deemed to have been tantamount to gross misconduct and gross incompetence”.

The tribunal was also mandated to investigate whether Makonese interfered with the course of justice during the course of his duties and whether the judge “presided over matters wherein he had a direct conflict of interest”.

The other members of the tribunal are Dr. Gift Manyatera and Sarah Moyo.

The complaint against Makonese follows an order he issued in a commercial dispute in which he allegedly has a financial interest.

The dispute over a coal mine in Hwange pits a company called Philcool Investments, who were the “applicants”, and two others called Hwange Coal Gasification and Taiyuan Sanxing who were the “respondents” during the hearing purportedly held on October 12, 2022.

In the order, Justice Makonese gave the companies things they had not sought and these include ordering them to abandon pending court applications, which suppliers to use and structuring payment terms to resolve the dispute.

No such hearing took place, it has been established.

Representatives of Philcool Investments reportedly tried to enforce the order and were arrested.

“They were denied bail by a magistrate and appealed to the High Court,” a source revealed.

“Instead of hearing the appeal, the judge cancelled the papers and turned the bail appeal into an application and dealt with it without hearing anyone. He got those people released.”

Justice Makonese could become the fifth judge to be fired by Mnangagwa in less than three years after Justices Francis Bere, Erica Ndewere, Thompson James Mabhikwa and Edith Mushore were sacked over reasons which include gross misconduct and incompetence.