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Fidelis Munyoro Chief Court Reporter
A TRIBUNAL set up to investigate the long absence from work of High Court Judge Justice Edith Mushore has completed its inquiry and submitted its report with recommendations to President Mnangagwa as required by the Constitution.
The tribunal chaired by retired judge Justice Maphios Cheda handed its report to President Mnangagwa at State House in Harare yesterday.
Justice Cheda was accompanied by the other two members of the tribunal, Advocate Charles Warara and Ms Yvonne Masvora.
Speaking to journalists after presenting their report, Justice Cheda said it is now up to the President to decide on the matter as the appointing authority.
“We presented our report. The contents are with his Excellency. He will decide what to say or what to do and come back to us if need be.”
While the President appoints the tribunal to look into a judge’s conduct, there has to be a recommendation by the Judicial Service Commission that he does so, and the tribunal has to be chaired by a judge or retired judge and include practising lawyers.
The President’s options are then limited. If the tribunal clears the judge, that ends the matter. If the tribunal recommends action or dismissal, the President can accept the advice, or just leave the matter hanging in the air.
The cumbersome system is designed to ensure that all judges who do their work diligently can serve until they retire, and this gives them their independence.
The Judicial Service Commission early this year recommended a tribunal to determine whether Justice Mushore should continue as a judicial officer after failing to report for duty for nine months.
Since June last year, the JSC has unsuccessfully tried to contact the judge to hear her side of the story and see what help she might need. Her whereabouts are still unknown.
Justice Mushore has now not reported for duty for more than a year without leave and her cases have been allocated to other judges.
The judge, who was attached to the Family Law Court at the High Court, last reported for work mid-June last year.
Upon first being asked, the judge indicated she was unwell but has not sent a sick note to her employer up to now. Since then there were other attempts to contact her but to no avail.
Judges cannot be absent from work for more than three days without official leave. If they are unwell, they should at least tender a doctor’s report confirming sickness.
Justice Mushore was even asked to send her driver with the sick note but failed to do so.
On August 12 last year, the Judge president informed Chief Justice Luke Malaba of the development.
The Chief Justice then demanded an explanation from Justice Mushore in writing but up to now she has not responded.
Before the matter was taken to the Judicial Service Commission and then to the President, both the Judge president of the High Court and the Chief Justice battled to get her to explain her absence and submit any medical report that might be needed.
Justice Mushore was appointed to the bench in 2015.
Before her appointment as a judge, she worked as a legal practitioner in private legal practice. Justice Mushore also practiced as an advocate based at the Advocates Chambers in Harare.
Online Reporter