A Harare-based lawyer has petitioned the Attorney-General to reconsider constitutional provisions governing presidential tribunals tasked with investigating judges, describing the current process as “tyrannical” and undemocratic.
Chawaona Wildroad Kanoti argued that judges facing removal have no right to appeal tribunal decisions, rendering the process a mere formality. “Judges appear before such tribunals like a lamb to the slaughter,” Kanoti said, noting that historically, no judge has ever been exonerated. The only option for accused judges has been to resign, regardless of their innocence.
President Emmerson Mnangagwa has dismissed several judges following tribunal recommendations, including Francis Bere, Benjamin Chikowero, and Erica Ndewere. Kanoti said section 187 of the Constitution allows a tribunal to recommend removal without providing any opportunity for review or appeal. “The President just has to act as per the recommendation of the tribunal, period,” he submitted.
Kanoti further argued that subsection (8) of section 187 removes any discretion from the President to correct potential errors, while powers under the Commissions of Inquiry Act should not bind the President unquestioningly. He called for amendments to subsections (7) and (8) of section 187 to align with democratic principles and allow for appeals.
The lawyer proposed that judges should have the right to appeal tribunal decisions to a higher court, such as the Supreme Court or a special sitting of the Constitutional Court. He also criticized the appointment of retired judges to tribunals, arguing that their independence may be compromised due to their allegiance to the appointing authority.
Kanoti copied his petition to the Justice, Legal and Parliamentary Affairs Minister and the Judicial Service Commission, urging Parliament to amend the Constitution to safeguard judicial fairness and uphold democratic principles.
Source – newsday
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