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31 March 2004

Zimbabwe Government Gazette dated 2004-03-31 number 26A

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                                                         ZIMBABWEAN


                                                                    INT GAZETTE
                                                 EXTRAORDINARY
                                                          Published by Authority

   Vol. LXXXH, No. 26A                                     31st MARCH,2004                                                           Price $4 200,00

General Notice 224A of 2004.                                                 (b) the nature and extent of Mr. Justice Benjamin Paradza’s
                                                                                 interest in Safari Trackers andits affairs;
                CONSTITUTION OF ZIMBABWE
                                                                             (c) the relationship between Mr.Justice Benjamin Paradza and
 Notice of Appointment of Tribunal to Inquire into the Removal from              Russell Wayne Labuschagne;
   Office of a Judge of High Court and Termsof Reference Thereof             (d) the nature and extent of Mr. Justice Benjamin Paradza’s
                                                                                 involvementin the handling ofRussell Wayne Labuschagne’s
    IT is hereby notified that His Excellency the President, having              application for variation of his bail conditions in January,
 been advised by the Chief Justice in terms of subsection (3) of                     2003,                           .
 section 87 of the Constitution that the question of the removal from        (e) the nature and details of the discussions between Mr.Justice
 office of Mr. Justice Benjamin Paradza ought to be investigated,                Ben‘amin Paradza and:
 has—                                                                                (i)   Mr. Justice Maphios Cheda;
    (a) appointed a tribunal to inquire into the matter consisting of               Gi)    Mr. Justice Chiweshe;
         Mr, Justice Dennis Kamoni Chirwa, Mr. Justice John Mroso                   (iii) | Mr. Justice Kamocha; and
         and Mr. Justice Isaac Mtambo;                                              (iv) Mr. Justice Ndou;
    (b) designated Mr. Justice Dennis Kamoni Chirwa as Chairper-                     in‘connection with RussellWayne Labuschagne’s aforemen-
         son of the tribunal;                                                        tioned application;
    (c) appointed Mr. Jameson Mupariwa Mukaratirwa as secretary
         to the tribunal;                                                     (f)   the involvementof the following or any other persons;
    (d) directed that the oath be made and subscribed by members of                 Gi) Ralph Nkomo;
        the tribunal and should be taken before the Chief Justice;                 Gi) Diro Anand;
   (e) directed that the inquiry be conducted in accordancewith the              (iti) Joseph Jones;
       terms of reference contained in the Annexure;                              (iv) Charles Mabisa;
   (f) directed that the inquiry should not be held in publicg,       ¢             in connection with RussellWayne Labuschagne’s aforemen-
                     ANNEXURE          ag                                           tioned application;
. TERMS OF REFERENCEOF TRIBUNALTO INQUIRE INTO                                (g) any other matter the tribunal may deem appropriate and
                                                                                    relevant to the inquiry;
          THE REMOVAL FROMOFFICE OF MR. JUSTICE
                                                                              AND THEREAFTERto submit to the Presidentits report onits
                “«. BENJAMIN PARADZA
                                                                           findings of fact and to recommend whether or not the President
   WHEREAS it isalleged that Mr. Justice Benjamin Paradza                  should refer the question of the removal of Mr. Justice Benjamin
 attempted to defeat or obstruct the course of justice, or acted           Paradza from office to the Judicial Service Commission,in termsof
 co.ruptly, or acted in a manner inconsistent with or prejudicial to the   subsection (6) of section 87 of the Constitution.
 dischargeof his duties;                                                      Given under my hand and the Public Seal of Zimbabweat Harare
    WHEREAS the afore-said allegations arise from Mr. Justice              this twelfth day of February, in the year two thousand and four.
 Benjamin Paradza’s conduct in connection with an application for                                                            R. G. MUGABE,
 the variation of bai! conditions imposed upon an accused person,                                                                   President.
 Russell Wayne Labuschagne;
                                                                           By Commandofthe President..
   WHEREAS thePresident has appointed a tribunal in terms of                                                                               D. MANGOTA,
 subsection (3) of section 87 of the Constitution to inquire into the       .      :                                     " Secretary for Justice, Legal and
 conduct of Mr. Justice Benjamin Paradza and to investigate the            31-3-2004.                                               Parliamentary Affairs.
 question of his removal from office;
   AND WHEREAStheprovisions of the Commissionsof Inquiry
 Act [Chapter 10:07] shall apply, mutatis mutandis, in relation to a
 tribunal appointed in terms of subsection (3) of section 87 ofthe                                   CONTENTS
 Constitution;
                                                                                                               General Notice
    NOW, THEREFORE,the terms ofreference of the tribunal shall             Number                                                                             Page
 be to conductan inquiry into whether Mr. Justice Benjamin Paradza’s       26A, Constitution of Zimbabwe: Notice of Appointment of Tribunalto
 conductas aforesaid constitutes misbehaviourin termsof subsection              Inquire into the Removal from Office of a Tudge of the Hi eh Court
 (3) of section 87 of the Constitution and, in particular, but without          and Termsof Reference Thereof             :                               304A
 derogation from the penerality of the foregoing, to investigate the              Statutory Instrument Issued as a Supplement to this Gazette Extruordinary
 following—                                                                Number                                                            .
    (a) the constitution and operations of Safari Trackers;                78A.     Date of Commencement: Meteorological Services Act (Chapter 13:21).

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