Retired High Court judge Justice Webster Chinamora, recently appointed chairperson of the Zimbabwe Independent Complaints Commission (ZICC), has revealed that he stepped down from the bench due to health reasons.
Chinamora resigned last year shortly after President Emmerson Mnangagwa established a tribunal to investigate his conduct.
His resignation resulted in a backlog of unresolved cases and included allegations that he issued a judgment in a case he had not presided over.
In an exclusive interview with the <a href="https://www.theindependent.co.zw/local-news/article/200032846/reason-for-high-court-judges-abrupt-resignation-revealed">Zimbabwe Independent</a> this week, Chinamora spoke publicly for the first time about the circumstances surrounding his resignation from the bench. He said:
<blockquote>
I am glad you have asked that question because no one has ever asked me why I resigned. I resigned in November 2023 on medical grounds after being diagnosed with prostate cancer.
The following month, I had a major operation in South Africa, and am fully cured as a result. My health is something I seldom bring into the public domain.
I do not believe that there is anything that adversely affects my suitability to Chair the Commission.
</blockquote>
Last week, President Mnangagwa appointed Chinamora as the ZICC chairperson, alongside other members; former ZANU PF MP Oliver Mandipaka, Elizabeth Rutsate, Kudakwashe Muchena, and Andrew Mataruse.
Despite concerns raised about Chinamora’s suitability to lead the Commission—given that he was under scrutiny following the establishment of a tribunal to assess his fitness to continue serving as a High Court judge—Chinamora remains confident in his ability to head the ZICC effectively. He said:
<blockquote>
My experience as a judge and the numerous cases I heard and decided equipped me with a good understanding of the constitution, the laws of our country, and the issue of human rights.
That background also sharpened my analytical thinking skills and ability to deal with cases and litigants fairly and impartially.
I will carry this experience into my approach to complaints which come before the commission.
</blockquote>
ZICC will be responsible for investigating complaints of misconduct against members of the security services, including the Zimbabwe Republic Police (ZRP), Zimbabwe Defence Forces (ZDF), Central Intelligence Organisation (CIO), and Zimbabwe Prisons and Correctional Service (ZPCS).
Once the complaints are received, the commission is expected to conduct investigations and make recommendations regarding each case.
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

Pindula News

Justice Chinamora left his job as a judge because he had health problems, which led to a backlog of cases. He had surgery for prostate cancer in South Africa and is now healthy. He has been appointed as the chairperson of a new commission to investigate complaints against the security services in Zimbabwe. Even though some people are worried about his past, Chinamora believes his experience as a judge will help him do a good job in his new role. The commission will look into complaints and make suggestions on how to handle each case.

Justice Chinamora Reveals Reasons Behind Sudden High Court Exit

The High Court has ruled that rural district councils (RDCs) do not have the authority to sell communal land.
According to the Communal Land Act, the Rural District Councils Act, and the Traditional Leaders Act, leasing or selling traditional, communal, and grazing lands is prohibited.
Recently, the High Court nullified a land sale involving a family trust and the Buhera Rural District Council.
As reported by <a href="https://www.herald.co.zw/rural-land-cannot-be-sold-rules-high-court/">The Herald</a>, the dispute centred around a 40-hectare plot in Madzivanyika Village, which included homesteads for over 35 villagers, as well as grazing lands and communal fields.
The land had been sold to the Munda Family Trust to construct a boarding school, with plans to evict the 35 families already in progress.
The affected villagers challenged the local authority’s decision in the High Court.
Justice Webster Chinamora declared the sale illegal and voided the agreement between the Munda Family Trust and the council. He ruled:
<blockquote>
The application for a declaratory order be and is hereby granted. The agreement of sale of 40 hectares of communal land situated in the Madzivanyika Village, Chief Chitsunge Buhera, entered into between Munda Family Trust and Buhera Rural District Council dated March 23 2020 be and is hereby declared illegal and is accordingly cancelled.
The first and second respondents (Munda Family Trust and Mr Pomerai Munda) are and are hereby ordered not to evict any of the villagers residing at the 40 hectares of communal land.
</blockquote>
In their application for a declaratory order, the villagers argued that communal land is vested in the President of Zimbabwe, and the local authority can only allocate land in line with the customary laws relating to allocation, occupation and use of communal land.
They further argued that a rural district council did not have the right and power to dispose of, by way of sale, any portion of communal land.
In his judgment, Justice Chinamora said it was clear that communal land could not be sold.
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

The High Court said rural councils can't sell communal land. The law does not allow it. The court cancelled a sale of land in Buhera. The land was meant for a school, but families lived there too. The court said the sale was illegal. The President owns communal land, not the councils. The councils can only give out land following traditions. Communal land cannot be sold, the court said.

"Rural Land Cannot Be Sold, It Is Vested In The President"

The High Court has reinstated Lazarus Muchenje as the chief executive officer for telecommunications company NetOne.
NetOne dismissed Muchenje on three months’ notice in July last year on abuse of office allegations.
He however made an urgent chamber application at the High Court challenging his dismissal and an interim order was granted in his favour suspending the letter of termination.
NetOne tried on 21 December 2021 to fire Muchenje on the same basis, using common law or Notice of Termination according to the Labor Act.
In his ruling Justice Webster Chinamhora said he had come to the conclusion that there was no inconsistency between the Labour Act and the Public Entities Corporate Governance Act within the contemplation of section 2A (3) of the Labour Act.
The provisions of section 12(4) should not have been utilised to bring an end to Muchenje’s employment.
<h4>More: <a href="https://www.herald.co.zw/just-in-court-reinstates-netone-ceo-muchenje/" rel="noopener" target="_blank">The Herald</a></h4>

High Court Reinstates NetOne CEO Lazarus Muchenje

Embattled NetOne CEO Lazarus Muchenje was yesterday granted a reprieve by the High court which suspended his employment contract termination till the labour dispute was settled in court, The Herald reports.
The matter was heard in justice Chinamora’s chambers where the NetOne Board CEO asked for a postponement of the matter in which <a href="https://news.pindula.co.zw/2020/07/15/ed-is-the-only-one-who-can-fire-me-fired-netone-boss-seeks-redress-at-the-high-court/">Muchenje was challenging his contract termination</a>.
Justice Chinamora granted Netone its request and deferred the case to 4 August 2020 but suspended Muchenje’s employment contract termination till the matter was finalised.
In issuing the interim order Justice Chinamora said:
<blockquote>
The letter dated 9 July authored by the second respondent and addressed to the applicant shall not be put into effect. No publication shall be made by any of the respondents to the effect that applicant’s contract has been terminated.
</blockquote>
<a href="https://news.pindula.co.zw/2020/07/10/netone-boss-fired-hours-after-being-reinstated/">Muchenje was fired on Friday hours after he had been reinstated</a> and charges against him dropped.
More: <a href="https://www.herald.co.zw/new-twist-to-netone-case/">The Herald </a>

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