Uproar as security chiefs flood complaints watchdog
Ex-judge who resigned under a cloud resurfaces
THE presence of a contingent of retired military chiefs among a list of candidates short-listed for the soon to be constituted Zimbabwe Independent Complaints Commission (Zicc) came under scrutiny this week, even before they attended public interviews.
Zicc commissioners’ public interviews will be conducted on April 4, according to a list of 35 candidates released by parliament this week.
In interviews with the Zimbabwe Independ
ent, legal experts also queried the inclusion of former High Court Judge, Webster Chinamora, on the list.
Chinamora resigned soon after President Emmerson Mnangagwa set up a tribunal to probe his conduct last year.
Legal experts were concerned that army chiefs’ presence on the list would likely dent Zicc’s credibility as a state agency mandated to investigate complaints against the security establishment.
Chinamora, who reportedly left a huge backlog of reserved judgments when he stepped down, is entangled in a web of complaints raised by various litigants.
In one case, he was accused of handing down a judgment in a matter he allegedly never heard.
Contacted for comment Chinamora said: “I am not commenting on anything. I am still part of the judiciary. If you want a comment you can approach the JSC (the Judicial Service Commission)”.
Zicc will be presided over by a chairperson, who is “eligible for appointment as a High Court Judge or is a sitting judge or former judge, appointed by the President”, according to the requirements.
From the candidates’ list, individuals who are eligible for the top chair include Chinamora, retired Justice Maphios Cheda and advocate Lewis Uriri.
“It is strange how that final shortlist was compiled,” one of the legal experts said.
“But, whoever, compiled it was aware of the circumstances around Chinamora’s departure from the judiciary. That is why on that list he appears as Mr Webster Chinamora and not retired justice.
“What nature of advice will the Judicial Service Commission extend to the President if chances arise that he can be selected to chair the commission? Justice
must not only be done, it must be seen to be done.
“His presence on that list is not in sync with the calibre of individuals, who must constitute the commission. The commission must be composed of persons of unquestionable integrity and competence,” he added, as others red flagged the army’s involvement.
Another expert said: “The primary function of that commission is to address grievances raised against the security sector.
“How is that commission going to investigate such complaints if it is dominated by members of the security sector? Will the commission investigate itself?
“Will it be independent? Are aggrieved parties going to report grievances against security members to a commission dominated by securocrats?
“The integrity of the commission itself is compromised based on that shortlist. That kind of commission cannot do anything legitimate,” the expert noted, speaking on condition of anonymity.
According to the list, individuals with footprints in the security sector include brigadier general Lucky Bangiza, retired brigadier general Kalisto Gwanetsa, retired air commodore Marcelino Jaya, ex- legislator and former Zimbabwe Republic Police spokesperson Oliver Mandipaka, retired major general Mike Sango and retired colonel Waitson Tsipa.
“Once you have a commission filled with security personnel that is supposed to investigate complaints raised against the security you take away its independence. It cannot be independent,” another source said.
Justice, Legal and Parliamentary Affairs minister Ziyambi Ziyambi referred questions to Jacob Mudenda, the speaker of parliament.
“These questions should be addressed to the speaker of parliament as he is the chairperson of the committee on standing rules and orders that is responsible for the interviews,” he said.
Mudenda told this publication that he was not at liberty to discuss “internal administrative matters,” with the press.
“I do not discuss that,” Mudenda said yesterday.
“It is an internal administrative matter. I do not want to deal with a process that is due.”
However, the Speaker of Parliament Kennedy Chokuda told the Independent that the shortlisted candidates were nominated by members of the public following a request made by the Standing Rules and Orders Committee (Sroc).
“The Act is very clear in the process to be followed in nominating persons for possible appointment to the Commission. It is Parliament that is responsible for coming up with the list of nominees,” he said.
“In doing so, the Committee on Standing Rules and Orders requested members of the public to nominate persons for possible shortlisting.
“The CSRO duly considered the nominations to come up with the shortlist of 35 persons. The CSRO was, therefore, duly guided by the law in coming up with the list.”
The Independent also posed questions to JSC spokesperson Daniel Nemukuyu who said: “It is a Parliamentary process which does not have anything to do with JSC. We cannot comment on that.”
However, constitutional law expert Lovemore Madhuku said Chinamora was eligible because he resigned before the tribunal completed its work.
“Retired Justice Chinamora is qualified to be a candidate. He was not fired from being a judge. He resigned. So, it means he is intact in every sense,” Madhuku said.
Sources said the list also lacked “gender and regional balance,” while it was dominated by known “political party functionaries”.
Sources also added that some shortlisted candidates were not aware why they were on the list.
“Some of the shortlisted candidates were not aware how they ended up among prospective candidates, who will constitute Zicc,” another source said.
“This has raised another serious question. How were they selected if they did not apply? This scenario further complicates the integrity of the commission.”
The list included prominent medical doctors, university lecturers and lawyers.
The commission will be obligated to submit to parliament an annual report describing fully its operations and activities.
Coupled with that, the body will also have four other members, namely a legal practitioner, psychologist, medical practitioner and an individual with a proven track record in the security sector.
In addition to the membership of the commission, the Zicc chairperson shall invite the head of each security service to appoint a serving or retired member of that service of “sufficient seniority”.
These appointed members will sit together with the membership of Zicc whenever it is investigating or conducting an inquiry into any act of misconduct on the part of any member or former member of the security service.