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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"

Zimbabwe’s first Education minister, Dr Dzingai Mutumbuka, recently revealed that he almost lost his house, valued at US$600,000, to an organised syndicate of thieves operating in collaboration with the Deeds Registry Office and the judiciary. This shocking revelation highlights the pervasive nature of corruption in Zimbabwe and the vulnerability of property owners to fraudulent activities.
Mutumbuka, who served as the Minister of Education and Culture from 1980 to 1988, and later held senior management positions at the World Bank, has been embroiled in a legal battle to reclaim his property for the past two years.
<h3>What Transpired:</h3>
The case began when two individuals, Prosper Biziweck and Tatenda “Shaft” Wakatama, appeared in court facing forgery charges. It was alleged that they produced fake documents and sold Mutumbuka’s house, working in conjunction with accomplices and officials from the Deeds Registry offices.
The fraudsters managed to sell Mutumbuka’s house to Harrison Marange for a mere US$140,000, significantly below its actual value. Shockingly, High Court Justice <a href="https://www.pindula.co.zw/Webster_Chinamora/">Webster Chinamora</a>, who has since <a href="https://www.pindula.co.zw/2023/11/17/high-court-judge-chinamora-resigns-ahead-of-a-tribunal-inquiry/">resigned under a cloud of corruption charges,</a> granted an order for Mutumbuka to vacate his own property.
Fortunately, Mutumbuka acted swiftly and appealed to the Supreme Court, and he is confident that he will ultimately recover the stolen title to his property. He says he has also raised concerns about rampant corruption in Zimbabwe during discussions with President Emmerson Mnangagwa. Mutumbuka emphasised that while prominent individuals may have some safeguard against corruption, ordinary citizens, particularly the poor, remain vulnerable to such nefarious activities.
Journalist Hopewell Chin’ono says the case serves as a warning and a grim reminder of the dangers posed by a corrupt system aided by collusion between fraudsters and state officials. It not only jeopardises the rights and investments of property owners but also undermines confidence in the country’s legal and justice systems. He says the incident carries implications beyond Mutumbuka’s personal experience, as it highlights the risks faced by Zimbabweans in the diaspora and potential international investors.
<h3><a href="https://www.pindula.co.zw/">More Pindula News</a></h3>

Former Education Minister Mutumbuka Narrates How His US$600,000 House Was Stolen

President Emmerson Mnangagwa has set up a three-member tribunal to look into allegations of misconduct against High Court Judge Webster Chinamora. The allegations were made by Balwearie Holdings (Pvt) Limited, who claimed that Chinamora collaborated with a lawyer to make a judgement on a case that was never actually heard in court, <a href="https://www.zimlive.com/mnangagwa-sets-tribunal-to-probe-misconduct-allegations-against-justice-chinamora/">ZimLive</a> reported citing a circular.
The President has established the tribunal based on the recommendations of the Judicial Service Commission (JSC), as stated in a circular issued on Wednesday. Read the circular:
<blockquote>
Now therefore, under and by virtue of the powers vested in the president as afore said, I do, by this proclamation establish a tribunal to inquire into the question of removal from office of the Honourable Justice Nicholas Webster Charakupa Chinamora.
To investigate Honourable Justice Nicholas Webster Charakupa Chinamora’s conduct as alleged in the dossier from the Judicial Service Commission, whether it can be deemed to have been tantamount to gross misconduct; to investigate whether the Honourable Justice Chinamora interfered with the course of justice during the course of his duties.
To investigate whether Honourable Justice Chinamora presided over matters wherein he had a direct conflict of interest.
</blockquote>
Retired Justice Moses Chinhengo will lead the tribunal investigating the allegations against Judge Webster Chinamora, alongside Dr. Gift Manyatera and Clara Phiri as members. The tribunal has a timeframe of five months to complete its investigation and provide recommendations to the President regarding Chinamora’s suitability for his position.
Chinamora has denied the allegations and has promised full cooperation with the tribunal’s investigation.
If found to have violated his oath of office, Chinamora could join the growing list of judges dismissed by President Mnangagwa in less than five years. Justices Francis Bere, Erica Ndewere, Thompson James Mabhikwa, and Edith Mushore have already been fired. Justice Martin Makonese resigned when a tribunal was appointed to examine his misconduct claims.
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