Chronicle Editor
Daniel Nemukuyu, Harare Bureau
SUPREME Court judge, Justice Francis Bere, is in trouble over allegations that he interfered with a pending civil court case involving the Zimbabwe National Road Administration (Zinara) and his relatives.
President Mnangagwa has since set up a three-member tribunal to inquire into his fitness to continue holding the esteemed office.
The tribunal will be chaired by retired judge Justice Simbi Mubako.
Justice Mubako will work with two lawyers — Advocate Takawira Nzombe and Mrs Rekayi Maphosa.
In a document seen by our Harare Bureau, Chief Secretary to the President and Cabinet Dr Misheck Sibanda said the inquiry would start after the swearing in of the tribunal members.
“Please be advised that His Excellency, the President has appointed a Tribunal to inquire into the question of removal from office of Honourable Justice Francis Bere,” said Dr Sibanda in the document.
“The inquiry is expected to commence soon after the swearing in of the members and is to be concluded within three months from date of commencement.”
Justice Bere, according to information gathered by our Harare Bureau, is said to have telephoned Zinara lawyer Mr Itai Ndudzo of Mutamangira and Associates, asking him to consider settling a civil dispute pitting Zinara and Fremus Enterprises (owned by the judge’s relatives).
The complaint was first raised before Deputy Chief Justice Elizabeth Gwaunza during a court hearing before Mr Ndudzo was asked to make the complaint in writing.
“The learned judge, indeed contacted me telephonically,” said Mr Ndudzo. “The commercial dispute between my client (Zinara) and Fremus Enterprises Pvt Ltd was discussed in the course of the conversation.
“The learned judge’s relatives are co-directors of Fremus Enterprises Pvt Ltd. The learned judge inquired whether or not there would be possibility of payment being expedited to Fremus Pvt Ltd.
“I declined the request and the conversation ended abruptly on that note.”
Justice Bere responded to the complaint denying the allegations.
In a response to the Judicial Service Commission (JSC), he said he only contacted Mr Ndudzo in the context of their personal relationship dating back to the days they were both members of the Zimbabwe Football Association (Zifa) Ethics committee.
Online Reporter