Difference between revisions of "Francis Bere"

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'''Francis Bere''' is a Zimbabwean lawyer and a judge of the [[High Court of Zimbabwe]]. He is the Head of the Bulawayo arm of the High Court of Zimbabwe.<ref>{{cite web |author = Cyril Zenda|date = October 6, 2016 |title = The day the judges went on trial |work = Financial Gazette |publisher = ANZ |url = http://www.financialgazette.co.zw/the-day-the-judges-went-on-trial/ |accessdate = July 6, 2017 |quote = }}</ref> Justice Bere was appointed by President Robert Mugabe in 2004. Before his appointment as a  High Court judge, Justice Bere was the president of the  Administrative Court.  was the senior regional magistrate for the Western Division. He was appointed Senior Judge High Court Bulawayo in 2015.
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'''Francis Bere''' is a Zimbabwean lawyer and a judge of the [[Supreme Court of Zimbabwe]] and a former Judge of the [[High Court of Zimbabwe]]. He was appointed to the Supreme court bench in 2018.
  
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Justice Francis Bere was elected president of the Sadc Administrative Tribunal (SadcAT) during the court’s elections held in Gaborone, Botswana.<ref name="pindula1"> [https://news.pindula.co.zw/2018/10/31/supreme-court-judge-elected-sadc-administrative-tribunal-sadcat-president/ Supreme Court Judge Elected Sadc Administrative Tribunal (SadcAT) President ⋆ Pindula News],'' Pindula News, retrieved: 31 Oct 2018''</ref>
  
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==Removal from Office==
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The President [[Emmerson Mnangagwa]] has with immediate effect, removed [[Supreme Court]] Judge, Francis Bere, from office for acts of gross misconduct. This follows recommendations from the Tribunal appointed to enquire into the matter. This was after the advice of the [[Judicial Service Commission]] the the question of removing Honourable Justice Bere ought to be investigated.<ref name="twitter">Min of Info, [https://twitter.com/InfoMinZW/status/1316732674111868929/photo/1], ''Ministry of Information, Publicity and Broadcasting Services, Published: 15 October, 2020, Accessed: 15 October, 2020''</ref>
  
===Controversies===
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Bere was sacked following recommendations by a tribunal set up to inquire into his suitability to hold the office of a judge. He had been on suspension since March 2020 to pave way for the inquiry. President Mnangagwa set up the tribunal inquiry after a lawyer accused him of interference in a civil case involving the [[Zimbabwe National Road Administration]] (Zinara) and his relatives.
  
*In the three-year period between  2013 and  2015,  43 percent of the cases which he presided over, were overturned on appeal to the [[Supreme Court of Zimbabwe| Supreme Court].<ref>{{cite web |author = Cyril Zenda|date = October 6, 2016 |title = The day the judges went on trial |work = Financial Gazette |publisher = ANZ |url = http://www.financialgazette.co.zw/the-day-the-judges-went-on-trial/ |accessdate = July 6, 2017 |quote = }}</ref>
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After receiving the report in the morning of 15 October 2020 from the Judicial Service Commission, President Mnangagwa did not waste time and acted on the recommendations. In a statement this afternoon, Chief Secretary to the President and Cabinet, Dr [[Misheck Sibanda]], said the tribunal completed its investigations and recommended that Justice Bere be removed from office for acts of gross misconduct. “His Excellency the President, accordingly, acting in terms of Section 187(8) of the Constitution has removed the Honourable Judge from office with immediate effect,” said Dr Sibanda.
  
*In 2016, When the Judicial Services Commission (JSC) was conducting interviews for four positions of judges of the Supreme Court of Zimbabwe, then Deputy Chief Justice [[Luke Malaba]] said that Bere had below average performance and poor judgements.
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Justice Bere allegedly telephoned the lawyer who was representing Zinara, asking him to consider settling a civil dispute pitting Zinara against Fremus Enterprises. Justice Bere was serving on both the [[Constitutional Court]] and [[Supreme Court]] benches when he was suspended in March this year.<ref name="herald">Fidelis Munyoro, [https://www.herald.co.zw/breaking-justice-bere-fired/], ''The Herald, Published: 15 October, 2020, Accessed: 15 October, 2020''</ref>
  
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===Controversies===
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*In the three-year period between  2013 and  2015,  43 percent of the cases which he presided over,  were overturned on appeal to the [[Supreme Court of Zimbabwe| Supreme Court]].<ref>{{cite web |author = Cyril Zenda|date = October 6, 2016 |title = The day the judges went on trial |work = Financial Gazette |publisher = ANZ |url = http://www.financialgazette.co.zw/the-day-the-judges-went-on-trial/ |accessdate = July 6, 2017 |quote = }}</ref>
  
 
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*In 2016, When the Judicial Services Commission (JSC) was conducting interviews for four positions of judges of the Supreme Court of Zimbabwe, then Deputy Chief Justice [[Luke Malaba]] said that Bere had below average performance and poor judgements.
 
 
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==Early Career==
 
Malaba got his law degrees in 1974 from the University of Warwick and in 1982 from the University of Zimbabwe.  He spent 3 years as a public prosecutor in Bulawayo[1981 -1984 ], before beginning his career as a magistrate in 1984 at Masvingo.  Malaba rose steadily through the ranks of the magistracy and attained the rank of a regional magistrate in 1990.  He was appointed as a judge of the High Court in 1994. He served as a Judge of the Bulawayo High Court from 1994 to 2001. He was elevated to the Supreme Court in August 2001 and became the country's first  Deputy Chief Justice in 2008.<ref name="Magaisa1">Alex Magaisa,[http://www.bigsr.co.uk/single-post/2016/12/03/The-Big-Saturday-Read-The-law-and-politics-of-selecting-Zimbabwe%E2%80%99s-new-Chief-Justice  The Big Saturday Read: The law and politics of selecting Zimbabwe’s new Chief Justice], ''Big Saturday Read  , Published: December 03, 2016  , Retrieved: December 03 2016''</ref>Justice Malaba has also held an appointment as a judge of the COMESA Court of Justice.<ref name="Veritas">[http://veritaszim.net/node/1900  Court Watch 2016 - 12th December Public Interviews for Four Chief Justice Candidates], '' Published: November 09, 2016  , Retrieved: December 03 2016''</ref>
 
 
 
==Notable Cases==
 
 
 
 
In a 2013 case in which [[Jealousy Mawarire]] sued President Mugabe compelling him to set the date for the election. The majority ruled in favour of Mawarire’s application, which ensured that elections were held by July 31, 2013. Malaba was one of only two dissenters together with Justice Patel.<ref name="Magaisa1"/><br/><br/>
 
 
 
After Mike Campbell and a group of white farmers had taken their case to the SADC Tribunal and won in the case Mike Campbell (Pvt) Ltd et al. v. Republic of Zimbabwe, they sought to enforce the orders in Zimbabwe. The SADC Tribunal had ruled that the land reform process was unlawful and a violation of the rule of law. Writing for the Supreme Court in the case, Malaba dismissed the farmers’ application, holding that the SADC Tribunal had no jurisdiction over the matter and that the Supreme Court was not obliged to comply with or enforce the orders of the Tribunal.<ref name="Magaisa1"/><br/><br/>
 
 
 
Malaba also wrote the judgment in the case where citizens were challenging [[Zimbabwe Broadcasting Cooperation|ZBC's]] powers to levy the licence fee. He ruled that ZBC’s powers were not unlawful.<ref name="Magaisa1"/><br/><br/>
 
 
 
In Marimo and Another v Minister of Justice, Legal and Parliamentary Affairs and Others (2006) ZWSC 60 the important question was whether [[Godfrey Chidyausiku | Chief Justice Chidyausiku’s]] power to appoint judges of the Electoral Court under the Electoral Act was constitutional. Section 162 of the Electoral Act empowered the Chief Justice to appoint judges of the Electoral Court. Following that provision after the 2005 elections, Chidyausiku had handpicked judges but this was challenged by the losing MDC candidates on the grounds that the Electoral Court was a special court and judges had to be appointed in accordance with the provisions for appointing judges.<ref name="Magaisa1"/>
 
 
 
Malaba ruled that this was improper and unconstitutional. Malaba ruled that section 162 of the Electoral Act was inconsistent with the Constitution and declared it invalid and held that Chidyausiku’s act of appointing judges on its terms was invalid.  In passing judgment Malaba said:<ref name="Magaisa1"/><br/><br/>
 
 
 
<blockquote>It must follow, that as the judges were not validly appointed, they had no authority to exercise the judicial power of the Electoral Court at the time they purported to hear and determine the election petitions. In other words, the court in which they sat was not properly constituted and was not a court “established by law.” There was a violation of the right guaranteed to the applicants under s 18(9) of the Constitution.”<ref name="Magaisa1"/><br/><br/></blockquote>
 
 
 
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==Latest News==
 
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[http://www.pindula.co.zw/news/ More News Headlines]
 
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==References==
 
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Latest revision as of 15:55, 15 October 2020

Justice

Francis Bere
Photo of Francis Bere
Judge
Appointed byPresident Emmerson Mnangagwa

Francis Bere is a Zimbabwean lawyer and a judge of the Supreme Court of Zimbabwe and a former Judge of the High Court of Zimbabwe. He was appointed to the Supreme court bench in 2018.

Justice Francis Bere was elected president of the Sadc Administrative Tribunal (SadcAT) during the court’s elections held in Gaborone, Botswana.[1]

Removal from Office

The President Emmerson Mnangagwa has with immediate effect, removed Supreme Court Judge, Francis Bere, from office for acts of gross misconduct. This follows recommendations from the Tribunal appointed to enquire into the matter. This was after the advice of the Judicial Service Commission the the question of removing Honourable Justice Bere ought to be investigated.[2]

Bere was sacked following recommendations by a tribunal set up to inquire into his suitability to hold the office of a judge. He had been on suspension since March 2020 to pave way for the inquiry. President Mnangagwa set up the tribunal inquiry after a lawyer accused him of interference in a civil case involving the Zimbabwe National Road Administration (Zinara) and his relatives.

After receiving the report in the morning of 15 October 2020 from the Judicial Service Commission, President Mnangagwa did not waste time and acted on the recommendations. In a statement this afternoon, Chief Secretary to the President and Cabinet, Dr Misheck Sibanda, said the tribunal completed its investigations and recommended that Justice Bere be removed from office for acts of gross misconduct. “His Excellency the President, accordingly, acting in terms of Section 187(8) of the Constitution has removed the Honourable Judge from office with immediate effect,” said Dr Sibanda.

Justice Bere allegedly telephoned the lawyer who was representing Zinara, asking him to consider settling a civil dispute pitting Zinara against Fremus Enterprises. Justice Bere was serving on both the Constitutional Court and Supreme Court benches when he was suspended in March this year.[3]

Controversies

  • In the three-year period between 2013 and 2015, 43 percent of the cases which he presided over, were overturned on appeal to the Supreme Court.[4]
  • In 2016, When the Judicial Services Commission (JSC) was conducting interviews for four positions of judges of the Supreme Court of Zimbabwe, then Deputy Chief Justice Luke Malaba said that Bere had below average performance and poor judgements.

References

  1. Supreme Court Judge Elected Sadc Administrative Tribunal (SadcAT) President ⋆ Pindula News, Pindula News, retrieved: 31 Oct 2018
  2. Min of Info, [1], Ministry of Information, Publicity and Broadcasting Services, Published: 15 October, 2020, Accessed: 15 October, 2020
  3. Fidelis Munyoro, [2], The Herald, Published: 15 October, 2020, Accessed: 15 October, 2020
  4. Cyril Zenda (October 6, 2016). "The day the judges went on trial". Financial Gazette. ANZ. Retrieved July 6, 2017.