ED appoints tribunal to investigate judge who ruled against CJ Malaba

President Emmerson Mnangagwa has appointed a tribunal to investigate High Court judge Justice Edith Mushore’s suitability for office after she allegedly failed to report for duty since last year.

Justice Mushore is one of the judges who ruled in May last year that Malaba had ceased to be Chief Justice, upon reaching the age of mandatory retirement. Malaba later appealed the judgement and won the case.

The Judicial Service Commission (JSC) recommended setting up of the tribunal to investigate Mushore who, reportedly has not been reporting for duty since last year.

According to a Proclamation 3 of 2022 published Tuesday, Mnangagwa appointed retired judge Justice Maphios Cheda chairperson of the tribunal, and Justice, Legal and Parliamentary Affairs secretary Virginia Mabhiza its secretary.

“The tribunal shall be held for a period of five months from the date of swearing in of members, at such appropriate venue as shall be determined by the tribunal,” reads the proclamation.

The terms of reference of the tribunal include investigating her suitability to remain in office and reasons for her failure to report for work without authorisation.

The investigation is in line with section 187 of the Constitution, which among others, provides that a judge may be removed from office only for inability to perform the function of his or her office, due to mental or physical incapacity, gross incompetence, or gross misconduct.