The stand-off between Attorney-General Johannes Tomana and Zimbabwe Law Officers’ Association (Ziloa) executive, fired last week for allegedly inciting their members to go on industrial action, has taken a new twist after the latter vowed to fight their case through the courts.
Last Thursday, Tomana withdrew practising certificates for Ziloa top executive members arguing they had organised an illegal industrial action. But Ziloa president Leopold Mudisi said Tomana’s decision had no legal basis.
“We will simply fight his decision at the courts. There is no legal basis for him to withdraw our practicing certificates,” Mudisi said.
Mudisi said Tomana did not fire them, but barred them from prosecuting and going to court. “He did not fire us as it is, but just barred us from prosecuting and going to court. I have not received such a letter myself, but I am told others have already done so. But, we will fight at the courts,” he said.
Tomana accused the Ziloa executive of inciting members of the association to strike against the government early last month.
According to a letter dated November 3 2011, Tomana ordered Ziloa’s top executive, comprising Mudisi, Patros Dube, Dereck Charamba, Musekiwa Mbanje and Mehluli Tshuma to stop their prosecution duties with immediate effect until finalisation of the matter.
“Therefore, that you have chosen to ignore the request that you respond to me within seven days, I accordingly accept that you admit all the allegations referred to you for a response in my aforementioned letter (of October 17).
“My constitutional mandate and duty to uphold the Constitution of Zimbabwe and the laws of Zimbabwe and in particular my duty to administer justice, does not envisage a situation in which I would rely on a prosecutor of the predisposition you admit to. I accordingly hereby and with immediate effect withdraw your authority and power to prosecute,” read part of Tomana’s letter.
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The letter was copied to the Chief Secretary to the President and Cabinet Misheck Sibanda, Public Service Commission, Secretary for Justice and Legal Affairs David Mangota, Deputy Attorney-General (Crime) and the director of human resources.