21-04-2023

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 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 a judge, 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 March, 2023, advised the President that the question of removal from office of the Honourable Mr. Justice Martin Makonese, ought to be investigated;

AND WHEREAS section 187(4) of the Constitution of Zimbabwe, provides that, a tribunal appointed under this section must consist of at least three members appointed by the President, of whom—