NewsA Harare-based lawyer, Chawaona Wildroad Kanoti, has petitioned the Attorney-General, calling for an urgent review of constitutional provisions governing the operation of tribunals set up by the President to investigate judges.Kanoti described the current system as undemocratic, flawed, and tyrannical, arguing that it strips judges of their right to appeal against tribunal decisions.Kanoti criticised the process, stating that it is designed as a mere formality to remove accused judges, with no legal recourse available to challenge tribunal findings.He likened the situation to judges appearing “like lambs to the slaughter,” with history showing no judge has ever been exonerated by such inquiries.Instead, judges are often forced to resign, regardless of their innocence or guilt.Kanoti’s petition highlights Section 187 of the Constitution, which governs the removal of judges.According to the provision, an appointed tribunal investigates the judge and presents its recommendation to the President, who is constitutionally bound to act on the decision.“The President just has to act as per the recommendation of the tribunal, period,” Kanoti submitted.He argued that this denies judges the right to appeal, review, or seek a second opinion, a fundamental departure from democratic principles.“The reason for allowing appeals and reviews in any democratic jurisdiction is simple—‘to err is human.’ Yet, this critical safeguard is absent in the current process,” he said.Kanoti also criticised subsection (8) of Section 187, which removes the President’s discretionary power to correct errors made by the tribunal, calling it an unconstitutional limitation of executive authority.He argued that the tribunal’s recommendations should not be binding on the President without room for review or reconsideration.Kanoti also raised concerns about the independence of tribunals, particularly the appointment of retired judges to oversee these inquiries.He claimed such appointments are not open, democratic, or impartial, as the retired judges may feel beholden to their appointing authority rather than conducting a fair inquiry.“The appointment of a retired judge to a tribunal does not ensure the independence of mind and opinion expected in such a process. Instead, it risks serving the interests of the appointing authority,” Kanoti added.In his petition, Kanoti urged Parliament to amend subsections (7) and (8) of Section 187 to align with the democratic spirit of the Constitution.He proposed introducing an appeal process to a higher court, such as the Supreme Court or a special sitting of the Constitutional Court, to ensure fairness and accountability.Kanoti further argued that the tribunal, which holds a protocol status equivalent to the High Court, should not have the final say in a judge’s removal. “A tribunal of such standing cannot be the ultimate authority on so grave a matter as the removal of a judge,” he said.President Emmerson Mnangagwa has previously dismissed judges, including Francis Bere and Erica Ndewere, based on tribunal recommendations.
Kanoti believes these dismissals underscore the flaws in the current system and the need for urgent reform.“This process is constitutionally flawed and operates as a ‘slaughter inquiry,’ offering no justice or recourse to affected judges. It does not meet the demands of our ever-developing society,” Kanoti emphasised.The petition was also copied to the Justice, Legal and Parliamentary Affairs Minister and the Judicial Service Commission, urging immediate action to rectify what Kanoti described as a grave injustice.Leave a ReplyCancel reply NewsA Harare-based lawyer, Chawaona Wildroad Kanoti, has petitioned the Attorney-General, calling for an urgent review of constitutional provisions governing the operation of tribunals set up by the President to investigate judges.Kanoti described the current system as undemocratic, flawed, and tyrannical, arguing that it strips judges of their right to appeal against tribunal decisions.Kanoti criticised the process, stating that it is designed as a mere formality to remove accused judges, with no legal recourse available to challenge tribunal findings.He likened the situation to judges appearing “like lambs to the slaughter,” with history showing no judge has ever been exonerated by such inquiries.Instead, judges are often forced to resign, regardless of their innocence or guilt.Kanoti’s petition highlights Section 187 of the Constitution, which governs the removal of judges.According to the provision, an appointed tribunal investigates the judge and presents its recommendation to the President, who is constitutionally bound to act on the decision.“The President just has to act as per the recommendation of the tribunal, period,” Kanoti submitted.He argued that this denies judges the right to appeal, review, or seek a second opinion, a fundamental departure from democratic principles.“The reason for allowing appeals and reviews in any democratic jurisdiction is simple—‘to err is human.’ Yet, this critical safeguard is absent in the current process,” he said.Kanoti also criticised subsection (8) of Section 187, which removes the President’s discretionary power to correct errors made by the tribunal, calling it an unconstitutional limitation of executive authority.He argued that the tribunal’s recommendations should not be binding on the President without room for review or reconsideration.Kanoti also raised concerns about the independence of tribunals, particularly the appointment of retired judges to oversee these inquiries.He claimed such appointments are not open, democratic, or impartial, as the retired judges may feel beholden to their appointing authority rather than conducting a fair inquiry.“The appointment of a retired judge to a tribunal does not ensure the independence of mind and opinion expected in such a process. It does not meet the demands of our ever-developing society,” Kanoti emphasised.The petition was also copied to the Justice, Legal and Parliamentary Affairs Minister and the Judicial Service Commission, urging immediate action to rectify what Kanoti described as a grave injustice.
A Harare-based lawyer, Chawaona Wildroad Kanoti, has petitioned the Attorney-General, calling for an urgent review of constitutional provisions governing the operation of tribunals set up by the President to investigate judges. Kanoti described the current system as undemocratic, flawed, and tyrannical, arguing that it strips judges of their right to appeal against tribunal decisions. Kanoti criticised the process, stating that it is designed as a mere formality to remove accused judges, with no legal recourse available to challenge tribunal findings.
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He likened the situation to judges appearing “like lambs to the slaughter,” with history showing no judge has ever been exonerated by such inquiries. Instead, judges are often forced to resign, regardless of their innocence or guilt. Kanoti’s petition highlights Section 187 of the Constitution, which governs the removal of judges.
According to the provision, an appointed tribunal investigates the judge and presents its recommendation to the President, who is constitutionally bound to act on the decision. “The President just has to act as per the recommendation of the tribunal, period,” Kanoti submitted. He argued that this denies judges the right to appeal, review, or seek a second opinion, a fundamental departure from democratic principles.
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