The legal battles by the team of lawyers representing
suspended Supreme Court judge Justice Francis Bere to stop the tribunal
investigating complaints against him continue, although the tribunal is still
sitting, with one of the latest moves being an attempt to change the make-up of
the tribunal.
The judge and lawyers walked out of the hearing, protesting
the rejection of their request to have one of the panellists, Advocate Takawira
Nzombe, recuse himself from the matter because he was allegedly linked to
Harare lawyer Mr Itayi Ndudzo, a key witness.
The legal team was not content with a further six month
extension of the tribunal, following the expiry of the given four months, and
has now filed a High Court application challenging the lifespan of the tribunal
inquiring into the fitness of Justice Bere to hold office.
So far, 10 witnesses have testified before the tribunal
while two more witnesses are outstanding.
Hearings are continuing on Monday, with the presentation of
evidence from these two witnesses.
Permanent Secretary for Justice, Legal and Parliamentary
Affairs, Mrs Virginia Mabhiza, told The Herald yesterday that since the court
has ruled that the tribunal was properly constituted, the hearing of evidence
started the day the judge’s team walked out.
“Unless the need to call for other evidence arises, the
intention is to close the hearing of oral evidence after the testimony of the
two outstanding witnesses,” she said.
“Thereafter, the evidence leaders will give their closing
address summarising the evidence presented, what they argue as evidence
established, and whether or not the proved facts, if any, amount to gross
misconduct on the part of the honourable judge.
“Once this is concluded, the commissioners will proceed to
consider all the evidence presented before them and compile their findings in a
report for presentation to his Excellency the President of Zimbabwe.”
President Mnangagwa set up the tribunal inquiry into the
fitness of Justice Bere to hold office after Mr Ndudzo accused him of
interference in a civil case involving the Zimbabwe National Road
Administration (zinara) and his relatives.
Justice Bere allegedly telephoned Mr Ndudzo, who was
representing zinara, asking him to consider settling a civil dispute pitting
zinara against Fremus Enterprises.
Justice Bere was serving on both the Constitutional Court
and Supreme Court benches when he was suspended in March this year. Herald
0 comments:
Post a Comment