John Makamure tribunal delivers report to ED

President Mnangagwa is expected to determine the fate of suspended Zimbabwe Anti-Corruption Commission Commissioner John Makamure after a tribunal set up to inquire into his suitability to hold office delivered its report yesterday.The three-member tribunal chaired by retired High Court judge, Justice Maphios Cheda handed its report containing its findings at State House yesterday. Other members of the tribunal who worked with Justice Cheda are Harare lawyer Mr Charles Warara and Mrs Regai Thandiwe Hove. President Mnangagwa is now expected to study the report and its recommendations before making a determination. In an interview soon after submitting the tribunal’s report, Justice Cheda said they had completed their work. “We have concluded today, we are happy, the report has been handed over to His Excellency the President. Our job is now complete,” said Justice Cheda. He said it was critical for public officers to stay clear of temptation that might come into their way.

“That’s what human beings are always like, they always fall into temptation. Sometimes they forgot that the position that they are in requires them to ward off the temptation. Unfortunately some of them are outright dishonesty, they conceal it (important information), you do not see it until they start behaving in a funny manner,” said Justice Cheda.

He said Comm Makamure had however cooperated with the tribunal. Permanent Secretary for the Ministry Justice, Legal and Parliamentary Affairs, Mrs Virginia Mabhiza said all institutions are susceptible to human delinquency. “It is human kind. You cannot say there is an institution which is immune from mischief or delinquency. In this particular instance we had come to wind up a case of Comm Makamure who is Zacc Commissioner. You may be aware that a tribunal was put in place sometime in October last year by His Excellency, the President to inquire into the conduct alleged to have been committed by him. This was after the Judicial Service Commission had written to the President advising him that the question of his suitability had become necessary,” said Mrs Mabhiza. Some of the allegations against him were that he failed to disclose his interest as the founder or trustee of the Southern African Parliamentary Support Trust, whose objectives are said to be varying with the functions of ZACC and the Government. Comm Makamure is also alleged to have directed one Lee Sung to fund his political campaign in Gokwe in return for “protection”. Comm Makamure becomes the second commissioner from the anti-graft body to be investigated after another tribunal was constituted for Commissioner Frank Muchengwa. Muchengwa has since been relieved of his duties following recommendations from a tribunal led by retired High Court judge, Nicholas Ndou, concluded that the commissioner was unsuitable to hold office. ZACC is an independent body in terms of the Constitution and disciplinary procedures governing the body were the same as those relating to judges and the Prosecutor-General, among others where a tribunal would be set up and make recommendations to the President. In appointing the tribunal, the President acted in terms of Section 237 (3) of the Constitution which provides among other things that a member of an independent commission may be removed from office only on the grounds that the member concerned was unable to perform the functions of his or her office because of physical or mental incapacity, has been grossly incompetent, has been guilty of gross misconduct, or has become ineligible for appointment to the commission concerned.