
The three-member tribunal to inquire into the suitability of Justice Erica Fungayi Ndewere to hold the office of a judge is expected to be announced today after the Judicial Service Commission (JSC) last week recommended to President Mnangagwa to set it up.
The tribunal for Justice Ndewere is coming after the sacking last week of Supreme Court Judge Justice Francis Bere for improper conduct after the tribunal set up on another JSC recommendation found the judge was no longer suitable to hold office.
Justice Legal and Parliamentary Affairs Permanent Secretary Mrs Virginia Mabhiza confirmed that the steps required to bring the judge before a tribunal were moving forward.
“The proclamation for the setting up the tribunal will be published on Monday, which will set the processes in motion.
The allegations against the judge will also be spelt out,” she said.
According to sources Justice Ndewere is facing allegations of misconduct and conduct inconsistent with being a judicial officer.
Her suspension from the bench will be automatic by operation of law once the tribunal is in place.
The JSC last week said investigations into misconduct allegations against Justice Ndewere were formalised in March this year and had nothing to do with her granting bail to MDC-Alliance deputy chairperson Job Sikhala recently.
After the results of these investigations were studied by the JSC, the commission then recommended the tribunal.
While the President formally appoints the tribunal, and has to formally dismiss the judge if the tribunal makes an adverse finding, he has no input in the process, acting on the recommendation of the JSC to appoint the tribunal and on the recommendation of the tribunal to clear or fire a judge.
The commission was responding to reports from certain quarters of the media which sought to link the judge’s predicament to Sikhala case, claiming she was being persecuted. The Herald
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