Convicted lawyer aspires to be a High Court judge

Fidelis Munyoro-Chief Court Reporter

Ms Burukai Muchadzireva, who is based in Chinhoyi, was among three candidates vying for the single post of judge of the Administrative Court, who were interviewed by a panel led by Chief Justice Luke Malaba in Harare yesterday.

She had a torrid time explaining why she put herself forward for appointment to the esteemed office of a judge, when she has a pending case that could dent her suitability to be appointed to the bench.

Trouble for Ms Muchadzireva started when Chief Justice Malaba put standard questions to the lawyer and handed her over to the commissioners for questioning on her suitability.

She quizzed her on the information received from the Law Society of Zimbabwe that she had been convicted of misconduct and was awaiting sentence.

The commission then sought an explanation. Ms Muchadzireva explained that she represented a client who was involved in an accident in which she lost her leg.

“She is the one who gave me the mandate to represent her and we made her sign the necessary documents that are made available,” she said.

The charge against her involved failure to disclose information and receiving legal fees for work she had not done.

Ms Muchadzireva disputed that the complainants in the case were her clients.

“My client has never, up to this day, raised a complaint against me or even supported the complaint by her sisters,” she said.

In her response, Ms Muchadzireva said the complainants never paid her anything, but her client did, adding that she had issues with the lawyers regulating the board.

“My defence remains and will remain that they were never my clients.  I am being penalised for doing the right thing and it is unfair.”

Commissioner Virginia Mabiza also took Ms Muchadzireva to task over the matter. She asked her what she had done about the conviction. 

“Once completed, I intend to bring the matter for review because I feel I am being  convicted for doing the right thing,” she said. 

Ms Mabiza asked the lawyer if she was aware of the likely consequences to her practice, if sentenced.

“It impacts on me and my integrity. I have built a brand for the past 14 years and to be destroyed over an issue raised by parties that are not my clients is not fair,” she replied.

In response, Ms Muchadzireva said: “It puts me in an unfair position given the fact that I am being penalised for doing the right thing.” 

Commissioner Nokuthula Moyo followed up with a sucker punch.

“What is the propriety of putting yourself forward for the bench when there is a conviction against you which has not yet been set aside?”

Two other candidates, Chinhoyi town clerk Mr Kaitano Sande and Zimbabwe National Water Authority legal officer Mr Tawanda Katewe put up sterling performances.

Section 180 of the Constitution of Zimbabwe provides guidelines on the appointment of judges.

After the interviews, the JSC will decide on a list of “qualified persons as nominees” for the two posts, and send the list to the President.

If the President considers that no-one on the list is suitable, he must call on the JSC to produce a second list and must make the appointment from that second list, according to section 180 (5) of the Constitution.