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Justice Bere was serving at both the Constitutional and
Supreme Court benches when he was suspended in March this year, to pave way for
a probe into potential misconduct. He approached the High Court seeking, as a
matter of urgency, a ruling to set-aside the Judicial Service Commission’s
decision to refer his case to President Mnangagwa recommending an inquiry into
his alleged misconduct. The finding of non-urgency means that the tribunal can
now sit.
The three-member panel is chaired by retired judge Justice
Simbi Mubako. The other two are Harare lawyer Mrs Rekayi Maphosa and Advocate
Takawira Nzombe. Dismissing Justice Bere’s application, High Court judge
Justice Alfas Chitakunye ruled the matter was not urgent.
He found that the application intended to sidestep the
practice direction issued by the Chief Justice Luke Malaba suspended filing of
litigation at the courts during the period of national lockdown and only
allowed urgent and bail applications to be brought to court. Herald
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