The President set up the tribunal on the recommendation of the JSC which found that Justice Chinamora could have engaged in gross misconduct, interfered in the course of justice and presided over matters in which he had a direct conflict of interest.
Retired High Court judge, Justice Moses Chinhengo, will chair the tribunal sitting with senior lawyers Dr Gift Manyatera and Ms Clara Phiri, according to a Government gazette published yesterday.
Proclamation 9 of 2023 lays down a very strict and independent process to investigate any potential judicial malpractice and then make any recommendation about the continued service of the judge.
The Proclamation said the JSC advised the President on March 9 this year that the question of Justice Chinamora’s possible removal from office needed to be investigated.
The commission submitted a dossier of the allegations and initial investigations.
The terms of reference of the tribunal are: to inquire into the matter of the removal from office of the judge; to investigate his conduct as alleged in the dossier from the Judicial Service Commission, to see whether it can be deemed to have been tantamount to gross misconduct; to investigate whether Justice Chinamora interfered with the course of justice during the course of his duties; to investigate whether Justice Chinamora presided over matters wherein he had a direct conflict of interest; to consider all information submitted by the Judicial Service Commission in order to arrive at an appropriate recommendation to the President; to investigate any other matter which the Tribunal may deem appropriate and relevant to the inquiry; and to recommend on whether the judge was fit to hold office.
The tribunal has a maximum of five months for its inquiry and must report within one month of completing the inquiry, with its recommendations. Herald
0 comments:
Post a Comment