Warara appointment raises stink

THE appointment of lawyer Charles Warara as a member of the tribunal to investigate Zimbabwe Anti-Corruption Commission (Zacc) commissioner John Makamure has raised stink following revelations that he was not recommended by the Law Society of Zimbabwe (LSZ).

This follows the recent swearing in of retired judge Justice Maphios Cheda as chairperson of the tribunal to look into Makamure's fitness to hold office.  Other members include Warara and Regai Thandiwe Hove, also a lawyer.

Makamure is accused of directing one Lee Sung to allegedly fund his political campaigns in Gokwe in return for his protection.

He is also accused of failing to disclose his interest as the founder and trustee of the Southern African Parliamentary Support Trust (Sapst) whose objectives are allegedly inconsistent with the functions of the Zimbabwe Anti-Corruption Commission and government.

It has, however, since emerged that Warara, following a probe by human rights lawyer Beatrice Mtewa, was not on the list provided by LSZ to Mnangagwa.

Section 187(4)(b) of the Constitution states that at least one member of the tribunal "must be chosen from a list of three or more legal practitioners of seven years standing or more who have been nominated by an association, constituted under an Act of Parliament, which represents legal practitioners in Zimbabwe.

"We inquire if Mr Warara's name was on the list you provided to the President for this national duty. If his name was, we inquire why, as a representative of legal practitioners in Zimbabwe the Law Society would send a list consisting of the same person for three different tribunals as this naturally affects both the efficacy and the credibility of the findings of such tribunals as the sentiment is now that the result of such tribunals' findings is a foregone conclusion," a letter sent to LSZ on October 29, 2022 by Mtetwa read.

The LSZ denied recommending Warara, which raises questions on the credibility of the tribunal amid reports that Makamure is being politically targeted.

"I advise that Mr Warara's name was not on the list provided to the President by the Law Society of Zimbabwe in respect of this matter. Mr Warara was on our List in October 2020 for the Justice Erica Ndewere Tribunal," LSZ executive secretary Edward Mapara wrote.

"He has not been on our list for all subsequent tribunals that have been set in terms of Section 87 of the Constitution."

In 2020, Warara was also part of the tribunal appointed by Mnangagwa to investigate High Court judge, Justice Erica Ndewere on allegations of misconduct.

This year in April, he was part of the tribunal tasked by Mnangagwa to probe misconduct allegations against another High Court judge, Justice Edith Mushore.