Rtd Justice Cheda to head Commissioner Makamure tribunal

Midlands Bureau

PRESIDENT Mnangagwa yesterday appointed retired Bulawayo High Court judge Justice Maphios Cheda to lead a tribunal that will look into the suitability of Zimbabwe Anti-Corruption Commission Commissioner John Makamure to continue holding his position.

The tribunal has two other members, both lawyers, Mr Charles Warara and Ms Regai Thandiwe Hove.

Commissioner Makamure faces allegations of misconduct.

This is contained in the Proclamation 4 of 2022 of the Statutory Instrument 172 of 2022 signed by President Mnangagwa.

The President said under section 237 (2) (c) of the Constitution, a member of an Independent Commission may only be removed from office on the grounds that the member concerned has been guilty of gross misconduct.

President Mnangagwa said section 187 (4) of the Constitution provides that the President may, when he considers it advisable, appoint a tribunal consisting of at least three members.

He said section 187(9) of the Constitution provides that a tribunal appointed under section 187 has the same rights and powers as commissioners under the Commissions of Inquiry Act (Chapter 10:07), or any law that replaces that Act.

“Now, therefore, under and by virtue of the powers vested in the President as aforesaid, I do, by this Proclamation — 1264 Proclamation 4 of 2022 (a) establish a Tribunal to inquire into the question of removal from office of Commissioner John Makamure appoint Retired Justice Maphios Cheda as Chairperson of the Tribunal, appoint the Secretary for Justice, Legal and Parliamentary Affairs (Mrs Virginia Mabiza) to be the secretary to the Tribunal, Mr Charles Warara, member and Ms Regai Thandiwe Hove, member,” said President Mnangagwa.

He said a report shall be availed after the inquiry.

The President tasked the tribunal to investigate whether or not the commissioner failed to disclose his interest as the founder and trustee of the Southern African Parliamentary Support Trust (SAPST) whose objectives are allegedly inconsistent with the functions of Zacc and the Government.

“To investigate whether or not Commissioner John Makamure failed to disclose his involvement in political activities which is inconsistent with the duties and functions as Commissioner of Zimbabwe Anti-Corruption Commission, to investigate whether or not Commissioner John Makamure directed one Lee Sung to fund his political campaigns in Gokwe in return for his protection, to investigate whether or not commissioner John Makamure’s conduct can be deemed to be tantamount to gross misconduct,” he said.

The tribunal, President Mnangagwa said, will also consider all information submitted by the Judicial Service Commission to arrive at an appropriate recommendation.

He said the tribunal is expected to report to him in writing the result of the inquiry within a period of one month after the completion of the inquiry.