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President Emmerson Mnangagwa has removed Justice Edith Mushore from the office of a judge in terms of Section 187 of the Constitution of Zimbabwe.
This comes after the tribunal established to look into her unexplained absence from work handed its recommendations to President Emmerson Mnangagwa.
The Tribunal recommended that Mushore should be removed from the Office of a judge for acts of gross misconduct.
This was announced by the Acting Chief Secretary to the President and Cabinet Martin Rushwaya in a statement issued on Saturday, 10 September. Said Rushwaya:
<blockquote>
The Tribunal which was inquiring into the question of removal from office of Honourable Justice Edith Mushore, in terms of Section 187 (3) of the Constitution, has completed its work.
The Tribunal has reported its findings to His Excellency, The President, Cde Dr E.D Mnangagwa, and has recommended that Hon. Justice Edith Mushore be removed from the Office of a judge for acts of gross misconduct.
Accordingly, His Excellency The President, acting in terms of Section 187 (8) of the Constitution, has removed Hon. Justice Edith Mushore from the Office of Judge of the High Court.
</blockquote>
Mnangagwa appointed a tribunal to investigate Justice Mushore’s suitability for office after she last reported for duty on 14 June 2021 without giving reasons for her absence.
Judges are not allowed to be absent from work for more than three days without official leave.
In May 2021, Mushore was one of the judges who ruled that Chief Justice Luke Malaba had ceased to lead the bench upon reaching the age of mandatory retirement.
However, Malaba appealed the ruling and won, and he remains the Chief Justice to date.

Pindula News

President Mnangagwa Fires Justice Edith Mushore

President Emmerson Mnangagwa has appointed a tribunal to investigate High Court judge Justice Edith Mushore’s suitability for office after she allegedly failed to report for duty for months.
Justice Mushore last reported for work in June last year. According to law judges cannot be absent from work for more than three days without official leave.
Coincidentally, Justice Mushore was one of the judges who ruled last year that Luke Malaba ceased to be Chief Justice upon reaching mandatory retirement age.
In Proclamation 3 of 2022 published on Tuesday, Mnangagwa appointed retired judge Justice Maphios Cheda chairperson of the tribunal, and Justice, Legal and Parliamentary Affairs secretary Virginia Mabhiza its secretary. Pindula News publishes the proclamation in full below:
<blockquote>
WHEREAS section 187(1) of the Constitution of Zimbabwe, provides that, a judge may be removed from office only for inability to perform the functions of his or her office, due to mental or physical incapacity, gross incompetence, or gross misconduct;
AND WHEREAS section 187(3) of the Constitution of Zimbabwe provides that, if the Judicial Service Commission advises the President that the question of removing a judge, from office ought to be investigated, the President must appoint a tribunal to inquire into the matter;
AND WHEREAS the Judicial Service Commission, by letter dated 25th February 2022, formally advised the President that the question of removal from office of the Honourable Justice Edith Mushore, ought to be investigated;
AND WHEREAS section 187(4) of the Constitution of Zimbabwe, provides that, the President may, when he considers it advisable, appoint a tribunal consisting of three (3) or more members;
AND WHEREAS section 187(9) of the Constitution of Zimbabwe, provides that, a tribunal appointed under section 187 has the same rights and powers as commissioners under the Commissions of Inquiry Act [Chapter 10:07], or any law that replaces that Act;
AND WHEREAS the President may authorise the tribunal or Members or any quorum of them specified in the proclamation into any matter in which any inquiry would, in the opinion of the President, be of public welfare:
NOW, THEREFORE, under and by virtue of the powers vested in the President as aforesaid, I do, by this proclamation
(a) establish a Tribunal to inquire into the question of removal from office of the Honourable Justice Edith Mushore; 
(b) appoint Retired Justice Maphios Cheda; as Chairperson of the Tribunal; 
(c) appoint the Secretary for Justice, Legal and Parliamentary Affairs to be the Secretary to the Tribunal: 
(d) direct that the Tribunal shall be held for a period of five (5) months from the date of swearing-in of Members, at such appropriate venue as shall be determined by the Tribunal; 
(e) direct that the report shall be availed at the conclusion of the inquiry; 
(f) direct that the Terms of Reference shall be as follows 
(i) to investigate the matter of the removal from office of Honourable Justice Edith Mushore; 
(ii) to investigate whether or not there is a reasonable explanation for Honourable Justice Edith Mushore’s failure to report for work without authorisation; 
(iii) to investigate into the matter of Honourable Justice Edith Mushore’s conduct, whether it can be deemed to have been tantamount to gross misconduct; 
(iv) to consider all information submitted by the Judicial Service Commission in order to arrive at an appropriate recommendation to the President; 
(v) to investigate any other matter which the Tribunal may deem appropriate and relevant to the question of removal from office of a Judge in terms of the law; 
(vi) to recommend whether the Honourable Judge, is fit to hold office in the light of the foregoing; 
(vii) to report to the President, in writing. the result of the inquiry within a period of five (5) months from the date of swearing-in of the Members;
(g) direct that the inquiry shall be held both in public or privately. as the exigencies of the Tribunal may determine; and
(h) appoint the Members listed in the Schedule.
SCHEDULE APPOINTMENT OF MEMBERS TO THE TRIBUNAL
1. Retired Justice Maphios Cheri, Chairperson 
2. Mr Charles Warara, Member 
3. Mrs Yvonne Masvora, Member
Given under my hand and the Public Seal of Zimbabwe at Harare this 25th day of March. in the year of our Lord two thousand and twenty-two.
By Command of the President. 
E. D. MNANGAGWA, President.
</blockquote>
<h4>More: <a href="https://news.pindula.co.zw/">Pindula News</a></h4>

Mnangagwa Appoints Tribunal To Investigate Justice Edith Mushore

Former First Lady <a href="https://www.pindula.co.zw/Grace_Mugabe" rel="noopener noreferrer" target="_blank">Grace Mugabe</a> and her son <a href="https://www.pindula.co.zw/Russell_Goreraza" rel="noopener noreferrer" target="_blank">Russell Goreraza</a> have been ordered by the High Court to pay $278 304 to a local law firm which represented them in various court cases during a period spanning two years.
<a href="https://www.pindula.co.zw/High_Court_of_Zimbabwe" rel="noopener noreferrer" target="_blank">High Court</a> judge, Justice Edith Mushore, issued the order on November 15, 2019, directing the duo to pay Manase and Manase Legal Practitioners.
The law firm represented Grace and her son in cases against a Lebanese national Jamal Ahmed while claiming to have been duped by the businessman in a botched diamond ring deal from December 2016 onwards.
Before Mushore made her ruling, Justice Alpheus Chitakunye had also ordered the duo to pay the law firm’s legal fees with costs.
In April this year, the duo had sought to overturn a judgement in favour of the law firm issued by High Court judge Felistus Chatukuta on January 15, 2019, on the basis that it had been issued in error.
In the latest ruling, made by Justice Mushore on November 15, Grace and Russell’s application was dismissed with costs.
<h4>More: <a href="https://www.newzimbabwe.com/grace-mugabe-ordered-to-pay-lawyer/" rel="noopener noreferrer" target="_blank">NewZimbabwe.com</a></h4>

Grace Mugabe & Son Ordered To Pay Lawyers

The Daily News reports that the Supreme Court is on Thursday expected to make its ruling on MDC leader <a href="https://www.pindula.co.zw/Nelson_Chamisa" rel="noopener noreferrer" target="_blank">Nelson Chamisa’s</a> appeal against High Court judge Justice Edith Mushore’s ruling in May this year, which nullified his taking over the presidency from the late <a href="https://www.pindula.co.zw/Morgan_Tsvangirai" rel="noopener noreferrer" target="_blank">Morgan Tsvangirai</a>.
In their appeal to the <a href="https://www.pindula.co.zw/Supreme_Court_of_Zimbabwe" rel="noopener noreferrer" target="_blank">Supreme Court</a> against Justice Mushore’s ruling which invalidated Chamisa’s MDC presidency, the party’s lawyers argued:
<blockquote>The court a quo erred in coming to the conclusion that first appellant (MDC) was barred for failing to file an opposing affidavit and so erred in treating a valid affidavit deposed to by third appellant (Morgen Komichi) as pro non scripto (as though it had not been written) and in proceeding to determine the matter without hearing the first appellant.
A fortiori the court a quo erred in proceeding in a manner which is in violation of the first appellant’s constitutionally protected right to be heard before an independent and impartial court as envisaged by Section 69 (2) of the Constitution of Zimbabwe, 2013.</blockquote>
Justice Mushore handed down the ruling a few weeks before the MDC was scheduled to hold its elective congress. Chamisa was eventually nominated president by all the party’s structures.
<h4>More: <a href="https://www.dailynews.co.zw/articles/2019/10/17/critical-day-for-chamisa-mdc" rel="noopener noreferrer" target="_blank">Daily News</a></h4>

Chamisa's Claim To Legitimacy To Be Settled - Report

The Movement for Democratic Change (MDC) led by Nelson Chamisa has filed its appeal against a judgement delivered by High Court Judge Edith Mushore.
The effect of the appeal is that it suspends the operation of the order. As such party’s elective Congress scheduled for Gweru this weekend will go ahead.
The judgement nullified the appointment of Nelson Chamisa and Elias Mudzuri as vice presidents by the late MDC leader Morgan Tsvangirai. The ruling essentially stated that Thokozani Khupe was the legitimate leader of the party pending an extraordinary congress.
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MDC Files Appeal Against Justice Mushore Judgement

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