Justice Makonese quits hours after tribunal sweari...

Justice Makonese quits hours after tribunal swearing-in

Zim Now Writer

Hours after the Tribunal set up to probe his suitability to hold office was sworn in at State House in Harare, Bulawayo High Court judge, Justice Martin Makonese tendered his resignation through his lawyers.

Makonese, who is being accused of improper behaviour, quit immediately after President Emmerson Mnangagwa swore in the Tribunal, which is chaired by retired judge Justice Simbi Mubako.

Justice, Legal and Parliamentary Affairs Permanent Secretary Mrs Virginia Mabhiza confirmed that Justice Makonese had submitted his resignation although there is still the formal notification process through the Judicial Service Commission before the tribunal can be stood down.

Mabhiza added that any further legal action concerning Justice Makonese will have to be done through other processes.

Justice Makonese was accused of issuing an order in a coal mine dispute in which he allegedly had a financial interest, reportedly making the order without any outside application before him and without the knowledge of lawyers of the two other parties in the dispute.

Justice Makonese becomes the fifth judge to leave office in recent years either as a result of tribunal recommendation to the President or as a result of a tribunal being appointed by the President.

The others are Justices Francis Bere, Erica Ndewere, Thompson James Mabhikwa and Edith Mushore, who were sacked over reasons which include gross misconduct and incompetence.

The high rate of departure from the bench has raised on how judges are appointed with Mabhiza suggesting that the system introduced in the 2013 Constitution may need further revision.

Justice Mubako, who has chaired most of the tribunals, felt continuing with what was there but trying to make it work better was the way to go.

Yesterday at State House, President Mnangagwa, swore in a three-member tribunal led by Justice Mubako while the two other members of the tribunal are the Executive Dean of the Midlands State University’s Faculty of Law, Dr Gift Manyatera and well-known senior lawyer Philippa Philips.

Said Mabhiza after the ceremony: “The new system of interviews unfortunately seems to be bringing on board some people who are not of good integrity. I am not saying they are not of good integrity but one can make that conclusion as you can see the frequency judges are coming for tribunals,” Mabhiza said.

“Precisely it is an issue which may be taken to the people since our Constitution is people driven and we may also want to hear views from the justice sector as to whether we should revert to the old process.

She remarked that the old process was better as most of the judges who were picked by the President were tried and tested.