By ZBC Reporter
THE High Court has dismissed the challenge made by suspended Supreme Court judge Justice Francis Bere over the legality of the tribunal set up to determine his fitness to hold office.
Justice Bere, who is represented by Lovemore Madhuku, wanted to set-aside the Judicial Service Commission’s (JSC) decision to refer his case to the President recommending an inquiry into his alleged misconduct.
President Emmerson Mnangagwa appointed a three-member panel chaired by Retired Judge Justice Simbi Mubako to probe Justice Bere, following the JSC recommendations.
A three-member tribunal led by retired Justice Simbi Mubako will inquire into the judge’s fitness to hold office after a lawyer accused him of interference in a civil case.
He is denying the allegations made against him. Lawyer Mr Itai Ndudzo complained about the interference.
Justice Bere was suspended in March this year and is being charged with three counts of improper conduct after a Harare lawyer accused him of interfering in a civil case.
However, Justice Bere denied the charges, before challenging the whole tribunal, seeking to invalidate Proclamation 1 of 2020, the legal instrument issued by President Mnangagwa, at the request of the JSC, to set up the tribunal.
He is accused of meddling in a civil case involving a Zimbabwe National Road Administration (Zinara) boss and his relatives.
Justice Bere was serving on both the Constitutional and Supreme Court benches when he was suspended in March this year, pending a probe into potential misconduct
Since his suspension Justice Bere has approached the High Court several times, seeking as a matter of urgency an order staying the inquiry into his alleged misconduct.
The other two members of the tribunal to probe Justice Bere are Harare lawyer Mrs Rekayi Maphosa and Advocate Takawira Nzombe.