The tribunal digging into suspended ZACC Commissioner John Makamure has been extended for another six months to September by President Mnangagwa in terms of a Presidential proclamation gazetted as Statutory Instrument 30 of 2023.
The three-member tribunal chaired by retired High Court judge Justice Maphios Cheda was sworn in on October 21 last year with a renewable five-month term, but with all the preliminary work that had to be done was only scheduled to finally begin its inquiry on Wednesday of last week. So the extension was required.
Preliminary issues that needed to be addressed included requests from Makamure.
Makamure wanted a public hearing arguing this would be in compliance with the rules of natural justice in terms of the Constitution and wanted to be furnished with all the necessary papers and statements to be used in the inquiry so his defence team could prepare his defence.
The inquiry can be held both in public or privately “as the exigencies of the tribunal may determine”.
Makamure was suspended last year over allegations of his involvement in political activities which is inconsistent with the functions and duties of his office.
Other members of the tribunal are Harare lawyer Charles Warara and Regai Thandiwe Hove.
Section 237(2) of the Constitution of Zimbabwe provides that a member of an independent commission may be removed from office only on the grounds that the member concerned has been guilty of gross misconduct.
Makamure is being accused of failing to disclose his interest as the founder or trustee of the Southern African Parliamentary Support Trust whose objectives are said to be varying with the functions of ZACC and the Government.
He is also alleged to have directed Lee Sung to fund his political campaign in Gokwe in return for “protection”
ZACC is an independent body in terms of the Constitution and disciplinary procedures governing the body are the same as those relating to judges and the Prosecutor-General.
In the event of a misconduct, an independent tribunal must be set up to investigate the charges and make recommendations to the President. – The Herald
