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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

President Emmerson Mnangagwa on Thursday, 19 September, swore in the members of the Zimbabwe Independent Complaints Commission (ZICC), appointing former judge Webster Nicholas Chinamora as the chairperson.
Chinamora’s appointment has sparked controversy, as he resigned from the bench last year amid an inquiry into his suitability for office due to serious allegations of misconduct.
Mnangagwa had set up a tribunal based on a recommendation from the Judicial Service Commission (JSC) to investigate Chinamora’s fitness to serve.
Balwearie Holdings (Pvt) Limited accused Chinamora of collaborating with a lawyer to issue a judgment in a case that was never actually heard in court.
Initially slow to act, Mnangagwa only established the tribunal after facing threats of legal action from lawyers.
At first, Mnangagwa appointed retired judge Moses Chinhengo to lead the tribunal, but he later replaced him with Justice Ahamed Moosa Ebrahim for reasons that remain unclear.
However, Chinamora’s resignation rendered the tribunal moot, as he was no longer a judge.
Chinamora will be joined on the commission by Elizabeth Rutsate, Andrew Mataruse, and former top police officer Oliver Mandipaka, who also served as a ZANU PF MP.
The commission 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.
In an interview with <a href="https://www.herald.co.zw/president-appoints-zimbabwe-independent-complaints-commission/">state media</a> following his swearing-in at State House in Harare, Chinamora said the commission was not established to undermine the powers of the courts or other existing commissions. He said:
<blockquote>
The commission has been essentially established not to usurp the functions of the courts or other commissions already in existence.
This commission’s mandate is basically to receive complaints of misconduct against members of the security services; the police, the army, the intelligence services and the prison services.
If there is a complaint which is already being dealt with by the courts, we will leave the courts to complete that investigation.
If it is something that has already been reported to or initiated with another commission, we will leave that commission to deal with it. Our mandate is not to take over their function even if it involves a member of the security services.
My expectations are that I do not look forward to anything different from my previous role as a Judge of the High Court. I am expecting that once complaints are made, we receive and treat them with impartiality and fairness.
The mandate of the commission is to receive, investigate and make recommendations on the individual complaints.
If they require that we deal with them by referring them to the organisations from which the member is complained against, we will do that.
If it requires that the courts intervene, for instance in the case of claims for damages, then we do exactly that.
</blockquote>
Critics argue that the appointment of the commission is a charade, as it is chaired by a judge who resigned after a corruption scandal and includes a former ZANU PF MP.
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

President Emmerson Mnangagwa appointed a former judge, Webster Nicholas Chinamora, to lead the Zimbabwe Independent Complaints Commission. Chinamora had resigned from the bench amid corruption allegations. The commission will investigate complaints of misconduct against security services. Critics say the appointment is not trustworthy due to Chinamora's past and the inclusion of a former ZANU PF MP. Chinamora said the commission's aim is not to take over the courts' functions but to handle complaints fairly. This has raised concerns about the credibility and independence of the commission.

High Court Judge Who Quit Bench Amid Corruption Allegations Lands Top Post

Opposition political parties in Zimbabwe have demanded the operationalisation of the Zimbabwe Independent Complaints Commission (ZICC) to be expedited so that the body investigates acts of misconduct by members of the security forces as the 2023 elections approach.
Last month, the government gazetted the Zimbabwe Independent Complaints Commission Act to provide the legal framework for the establishment of the commission.
However, the commission is not yet operational as it has no staff members and funding.
Speaking to The Standard on Saturday, Citizens Coalition for Change (CCC) spokesperson Fadzayi Mahere:
<blockquote>
We are of the firm view that having an independent complaints commission will go a long way to ensure that acts of misconduct especially regarding violence, the patterns that we have seen in the past, are brought to account especially as we march towards the 2023 elections.
There is an escalation of violence, and incitement to violence and we call on law enforcement agencies to act in accordance with the constitution.
We continue to condemn the abuse of the professional security forces and law enforcement agents by ZANU PF who continue to abuse state institutions.
</blockquote>
MDC-T spokesperson Witness Dube said the Commission must have both financial and operational independence. He said:
<blockquote>
The security services must be made to account for their inaction or bias in dealing with violence.
Of course in the face of police inaction in this regard, the commission would be the answer.
The Commission must have both financial and operational independence. The secretariat of the commission must also be independently employed by the Commission itself and it must be funded independently of the executive.
</blockquote>
ZAPU spokesperson Msongelwa Ndlovu said that there is no political will on the part of the government to establish the commission. Said Ndlovu:
<blockquote>
What we see in Zimbabwe is that the chief culprit of disorderly conduct chicanery and all sorts of impudence is the government, especially the second republic.
They will not establish anything that seeks to police them, hence no urgency.
</blockquote>
In 2016, Veritas approached the Constitutional Court seeking an order compelling government to enact a law establishing the commission.
The court granted the order in 2020, but two years later, the commission is not operational. | <a href="https://www.newsday.co.zw/thestandard/news/article/200003509/political-violence-rattles-opposition">The Standard</a>

Opposition Parties Demand Operationalisation Of Complaints Commission

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