Malaba allows Chinamora “to be more corrupt without consequence”

The decision by Chief Justice Luke Malaba to unlawfully allow a High Court judge who resigned following corruption investigations to come back to write outstanding judgements without being first cleared is likely to worsen criminality with impunity a legal expert told Nehanda Radio.

Justice Webster Chinamora was quick to resign after President Emmerson Mnangagwa had appointed a tribunal to investigate him over allegations of corruption and incompetence. The charges include a report that Chinamora illegally made a ruling on a case that he did not hear.

Against this background, the Judicial Service Commission (JSC) recommended that he should be investigated.

When Mnangagwa launched the tribunal to probe Chinamora’s suitability to continue to hold office, the former judge resigned on 17 November to avoid being exposed.

But Malaba controversially brought him back to complete his outstanding judgements.

A legal expert who spoke to Nehanda Radio said Malaba’s decision was illegal and it would lead to more corrupt activities by Chinamora.

The lawyer who prefers to be anonymous added that the JSC no longer has any jurisdiction to supervise him owing to his resignation, hence a launchpad for more illegal activities.

“Malaba has asked Chinamora to write all his judgments that were outstanding at the time of his resignation.

“Chinamora was suspended by operation of law once ED appointed the Ebrahim tribunal and that suspension could only be uplifted by the tribunal finding that he was not guilty of the charges he was facing.

“Whilst at law a judge who resigns can complete all their outstanding matters, Chinamora’s situation is different in that he only resigned after he had been suspended, that is to say, he resigned after he had lost the authority to determine matters.

“That being the case and the suspension never having been lifted, he cannot discharge judicial function,” the lawyer told Nehanda Radio.

“Besides the rank illegality, it must not be lost that Chinamora resigned as a way of avoiding an inquiry into acts of misconduct of which corruption was an essential ingredient. The unlawful arrangement made by Malaba means Chinamora can afford to be more corrupt without consequence.

“The JSC no longer has any jurisdiction to supervise him owing to his resignation in the face of the appointment of the tribunal.

“In addition, all the JSC can do in the face of allegations of misconduct is to recommend the appointment of a tribunal. Now if allegations are raised against Chinamora, the JSC can no longer recommend the appointment of another tribunal.”

The legal expert added: “We now have this unhappy situation in terms of which Malaba has all but given Chinamora the chance to pay himself a pension, at his own terms. The rot that we are now going to see as he writes these judgments is worse than what led to the appointment of the tribunal

“Beyond any doubt, Malaba is a shameless constitutional delinquent who has dragged the judiciary into the mire. Something must be done to stop him.”

Malaba is already a beneficiary of a controversial decision by Mnangagwa. On 15 May 2021, he turned 70 which at law meant that he had retired. But the President extended his term of office by five more years.

The High Court initially stopped Mnangagwa’s decision but the Supreme Court controversially upheld it.