Sources told The Zimbabwean that President Robert Mugabe, Prime Minister Morgan Tsvangirai and Deputy Prime Minister Arthur Mutambara as well as MDC-N leader Welshman Ncube, after a lengthy debate, compromised to replace Mutambanengwe with Makarau.
“The judge has been notified but what is not clear is whether she will resign immediately to take over the vacant post. There is a concern that her formal appointment might take a while, at a time there is need for urgent movement on the referendum,” a source told The Zimbabwean.
He added: “It is not clear who proposed the name of the sitting judge, but it was adopted as a compromise. Perhaps the principals are seized with the need to fill the post.”
Makarau is yet to accept her new appointment.
Mutambanengwe resigned last week citing health reasons, even though he never he actively exercised his duties as the ZEC Chairman since his appointment in 2010.
His deputy, Joyce Kazembe, has been shadowing for him and he has stuck to his Namibian bench post.
On Monday, Tsvangirai called a press conference in Harare where he announced that the principals had appointed a new ZEC head, but would not be drawn into naming the appointee.
Observers complain that most of the judges and justices at the High and Supreme courts are Mugabe’s proxies who were appointed from the early 2000s following a disputed land redistribution programme.
Several seasoned judges were forced out because they were perceived to be opposed to the fast track land redistribution programme that drove out more than 4,000 white commercial farmers to make way for thousands of land-hungry blacks.
Makarau, however, is considered a level-headed judge who is more concerned about delivery in the justice system rather than politics.
Makarau is a former President of the High Court and was appointed to the Supreme Court in 2010.
The current constitution says the ZEC Chairperson must be an active or retired judge.
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