Judge in soup over Delta dispute
TINASHE MAKICHI
The Judicial Services Commission (JSC) is investigating High Court Judge Justice Webster Chinamhora for alleged conflict of interest in the dispute between Zimbabwe’s biggest brewer, Delta Corporation and a South African company Blakely Holdings, Business Times can report.
The dispute was heard before Justice Chinamhora and the judgment came out in favour of Blakely Holdings.
However, Delta Corporation, appealed against Chinamora’s decision, which came at a time when a parallel arbitration process was also ongoing.
It is understood that when Blakely lawyer Advocate Taona Nyamakura was going through the case documents, Justice Chinamhora’s personal documents were found tucked in the file.
Well-placed sources told Business Times that Justice Chinamora’s divorce order, condition of service, vehicle registration book and a house plan for his Harare house were found in the file.
Business Times can report that Advocate Thabani Mpofu got wind of the matter and lodged a complaint with the JSC saying there was a high likelihood that Justice Chinamora could have an interest in the matter.
Contacted for comment, Justice Chinamhora, confirmed the investigation but refused to give further details.
“Yes I received the complaint. However, as the JSC is investigating the complaint, I am unable to comment,” Justice Chinamhora told Business Times.
The JSC said: “The JSC confirms receipt of the letter and the matter is under investigation.”
Business Times has been reliably informed that the complaint was being supported by Scanlen & Holderness legal practitioners.
“There is a complaint before JSC against Justice Chinamhora where his important personal documents were found among the court documents of a case that was heard before him and passed a judgment in favour of a South African company,” a source said.
“This has raised questions and concerns which are pointing towards the judge having an interest in the matter.”
Of late there have been various complaints raised against the conduct of several judges.
Some complaints emanate from aggrieved parties who question how some cases were handled.
Zimbabwe Stock Exchange- listed Meikles Limited group in 2018 lodged a complaint to JSC against former Supreme Court Judge Francis Bere over his alleged conflict of interest in a judgment he made in favour of Widefree Investments against the listed firm.
He was eventually removed from the bench on another matter involving Zinara.
President Emmerson Mnangagwa this year fired Justice Erica Ndewere after a tribunal set up to investigate her found her guilty of misconduct.
Justice Ndewere was fired for allegedly failing to complete 28 reviews and eight reserved judgments by May 18, 2020
