adminFidelis Munyoro Chief Court Reporter
THE hearing into misconduct allegations against Supreme Court judge, Justice Francis Bere, opened yesterday with the defence team battling to stop the proceedings.
Justice Bere appeared before a three-member tribunal led by retired judge, Justice Simbi Mubako, facing three charges of improper conduct after a Harare lawyer accused him of interfering in a civil case.
The other two tribunal members are Harare lawyers Mrs Rekayi Maphosa and Advocate Takawira Nzombe.
Justice Bere is denying all the charges which led to his suspension from the bench early this year.
His legal team comprising three high-profile lawyers — Advocate Firoz Girach, Advocate Lewis Uriri and Professor Lovemore Madhuku — is strenuously opposing the inquiry and challenging the propriety of the tribunal process.
The proceedings are not open to the media.
Permanent Secretary for Justice, Legal and Parliamentary Affairs, Mrs Virginia Mabhiza, told journalists that Justice Bere was facing three counts of misconduct.
She said he was being investigated in terms of the Constitution, following recommendations to President Mnangagwa by the Judicial Services Commission.
“The tribunal has commenced today (yesterday),” said Mrs Mabhiza.
“As Ministry of Justice, we are the secretariat to the tribunal. We may be calling witnesses to give evidence and basically the judge faces three allegations of misconduct.”
Mrs Mabhiza said in terms of the Constitution, a judge can only be removed from office either for gross misconduct or inability to perform duties.
“So, the matter is now under investigations and we shall be updating you as it progresses,” she said.
“However, I will not disclose what happens inside the hearing as it is confined to the tribunal members.”
Justice Bere was serving on both the Constitutional Court and Supreme Court benches.
He was suspended in March this year, pending a probe into potential misconduct.
Since his suspension, Justice Bere has approached the High Court three times seeking, as a matter of urgency, an order staying the inquiry into his alleged misconduct.
He did that again yesterday at the commencement of his hearing before the tribunal.
Justice Bere is accused of meddling in a civil case involving the Zimbabwe National Road Administration (zinara) and his relatives.
He allegedly telephoned Mr Itai Ndudzo, who was representing zinara, asking him to consider settling a civil dispute pitting the firm and Fremus Enterprises.
Complaints against him were raised before Deputy Chief Justice Elizabeth Gwaunza during a court hearing and Mr Ndudzo was asked to make the complaint in writing.
Justice Bere denied the allegations.
In a response to the JSC, he said he only contacted Mr Ndudzo in the context of their personal relationship, dating back to the days when they were both members of the Zimbabwe Football Association Ethics Committee.
He described the complaint as a falsehood meant to taint his record.
In January last year, a panel of four judges appointed by Chief Justice Luke Malaba looked into Justice Bere’s conduct after Meikles chairman Mr John Moxon filed a complaint alleging conflict of interest in a case he had presided over.
The four-member Judicial Ethics Advisory Committee chaired by then Constitutional Court and Supreme Court judge Justice Rita Makarau cleared Justice Bere of any wrongdoing.
Online Reporter