HIS EXCELLENCY THE HONOURABLE EMMERSON DAMBUDZO MNANGAGWA, G.C.Z.M., President of Zimbabwe and Commander-in-Chief of the Defence Forces of Zimbabwe.
WHEREAS section 187(1) of the Constitution of Zimbabwe, 2013, provides that, a judge may be removed from office only for inability to perform the functions of his or her office, due to mental or physical incapacity; gross incompetence; or gross misconduct;
AND WHEREAS section 187(3) of the Constitution of Zimbabwe provides that, if the Judicial Service Commission advises the President that the question of removing any judge, including the Chief Justice, from Office ought to be investigated, the President must appoint a tribunal to inquire into the matter;
AND WHEREAS the Judicial Service Commission, by letter dated 9th October, 2020, formally advised the President that the question of removal from office of the Honourable Justice Erica Fungai Ndewere, ought to be investigated;
AND WHEREAS section 187(4) of the Constitution of Zimbabwe, provides that, the President may, when he considers it advisable, appoint a tribunal consisting of three (3) or more members;
AND WHEREAS section 187(9) of the Constitution of Zimbabwe, provides that, a tribunal appointed under section 187 has the same rights and powers as commissioners under the Commissions of Inquiry Act [Chapter 10:07], or any law that replaces that Act;
AND WHEREAS the President may authorise the tribunal or Members or any quorum of them specified in the proclamation to inquire into any matter in which any inquiry would, in the opinion of the President, be of public welfare:
