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Zvamaida Murwira Senior Reporter

PRESIDENT Mnangagwa has, with immediate effect, fired Zimbabwe Anti Corruption Commission Commissioner Frank Muchengwa following recommendations from a tribunal he constituted to investigate his suitability to hold office.

Comm Muchengwa was suspended in September 2020 after a complaint of improper conduct was raised against him.

A tribunal, led by retired High Court judge, Justice Nicholas Ndou, submitted its findings to President Mnangagwa at State House in Harare yesterday.

 Briefing journalists after a meeting between members of the tribunal and President Mnangagwa, the Permanent Secretary for Information, Publicity and Broadcasting Services, Mr Nick Mangwana, said the Head of State and Government had upheld recommendations from the inquiry.

“The tribunal which was inquiring into the question of removal from office of Frank Muchengwa as a member of the Zimbabwe Anti-Corruption Commission in terms of Section 237 as read with Section 187 of the Constitution has completed it’s work.

“The Tribunal has reported its findings to His Excellency and has recommended that Commissioner Frank Muchengwa be removed from office for acts of gross misconduct.

“Accordingly, His Excellency the President, acting in terms of Section 187 (8) of the Constitution, has removed Comm Muchengwa from office with immediate effect,” said Mr Mangwana.

Section 237 (3) of the Constitution reads: “The procedure for the removal of judges from office applies to the removal from office of a member of an independent commission.”

It also stipulates that a member of an independent Commission may be removed from office only on the grounds that the member concerned was unable to perform the functions of his or her office because of physical or mental incapacity, has been grossly incompetent, has been guilty of gross misconduct, or has become ineligible for appointment to the Commission concerned.

Section 187 provides that a Tribunal appointed must inquire into the question of removing the judge concerned from office and, having done so, must report its findings to the President and recommend whether or not the judge should be removed from office.

“The President must act in accordance with the Tribunal’s recommendation in terms of subsection (7)”, reads Section 187 (3) of the Constitution.

Comm Muchengwa was alleged to have interfered with the course of justice during the conduct of his duties as a Commissioner of the anti-graft body.

He was sworn in by President Mnangagwa in July 2019 following public interviews that were conducted by Parliament’s Standing Rules and Orders Committee chaired by the Speaker of the National Assembly, Advocate Jacob Mudenda.

Parliament invited applications and shortlisted people after the resignation of the previous Commission led by the late Dr Job Whabira.

Following the interviews of about 38 candidates, Parliament submitted the constitutionally-prescribed 12 people from which the President would appoint eight.

Yesterday’s event was attended by Justice, Legal and Parliamentary Affairs Minister Ziyambi Ziyambi and Permanent Secretary of the Ministry, Mrs Virginia Mabhiza and other senior Government officials.