HARARE – Suspended High Court judge Martin Makonese’s job is now on the line after President Emmerson Mnangagwa has set up a tribunal to investigate allegations of misconduct brought against the top jurist.

The judge got into trouble when he unilaterally issued an order in a matter he had financial interest when there was no court application before him.

The tribunal according to a recent government notice, will be chaired by retired judge, Simon Veke Mubako and is expected to finalise its investigations in a period of five months.

Part of the notice reads, “Now therefore, under and by virtue of the powers vested in the President as aforesaid, I do, by this proclamation: (a) establish a Tribunal to inquire into the question of removal from office of the Honourable Justice Martin Makonese”.

Mnangagwa also appointed Secretary for Justice, Legal and Parliamentary Affairs Virginia Mabhiza as tribunal secretary.

The Zimbabwean leader also directed “that the Tribunal shall be held within a period of five (5) months from the date of swearing in of members, at such appropriate venue as shall be determined by the Tribunal.”

Mnangagwa directed that a report be availed at the conclusion of the inquiry.

Under its terms of reference, the tribunal was also tasked “to investigate Honourable Justice Makonese’s conduct as alleged in the dossier from the Judicial Service Commission, whether it can be deemed to have been tantamount to gross misconduct and gross incompetence”.

The tribunal was also mandated to investigate whether Makonese interfered with the course of justice during the course of his duties and whether the judge “presided over matters wherein he had a direct conflict of interest”.

Other members of the Tribunal are Dr. Gift Manyatera and Sarah Moyo.

The complaint against Makonese follows an order he issued in a commercial dispute in which he allegedly has a financial interest.

The made the order without any application praying for such, that was made before him.

He did this without the knowledge of lawyers of the two other parties in the dispute.

The dispute over a coal mine in Hwange pits a company called Philcool Investments, who were the “applicants”, and two others called Hwange Coal Gasification and Taiyuan Sanxing who were the “respondents” during the hearing purportedly held on October 12, 2022.

The order, seen by ZimLive, Makonese gave the companies things they had not sought and these include ordering them to abandon pending court applications, which suppliers to use and structuring payment terms to resolve the dispute.

It has been established that no such hearing took place.

Representatives of Philcool Investments reportedly tried to enforce the order and were arrested.

“They were denied bail by a magistrate and appealed to the High Court,” a source revealed.

“Instead of hearing the appeal, the judge cancelled the papers and turned the bail appeal into an application and dealt with it without hearing anyone. He got those people released.”

If dismissed, Justice Makonese could become the fifth judge to be fired by the incumbent President in less than three years.

Mnangagwa has fired Justices Francis Bere, Erica Ndewere, Thompson James Mabhikwa and Edith Mushore.

Reasons for their sacking include gross misconduct and incompetence.

Mnangagwa, a former Justice Minister who has worked closely with the bench before, has often been accused of showing excessive interest in the choice of judges appointed to the Zimbabwean bench.