Tomana clarifies statement on consential age of sex

Prosecutor-General (PG) Johannes Tomana has warned political vultures to stop trying to gag him from stating what the law says as his duty is just to implement and not to question it.

BY Elizabeth Ndhlovu-Dumbreni

Tomana, who has been under fire for allegedly supporting child marriages in an interview he had with a State newspaper last week, said he was “quoted out of context” with his remarks having been twisted to misrepresent facts.

“I was merely telling you what the law says and until the law says it, my obligation is to enforce that law, that is what the rule of law is all about. What does it mean when you twist that and then tell the people that must be guided correctly by the law that I have said it the other way,” he said.

The top prosecutor said as far as he was concerned, “the Constitution says that all of you must help me discharge my duties by supporting me. I must do it without fear, favour or prejudice”.

In the past week, he was a subject of rebuke with various women organisations coming out demanding that he be fired for allegedly stating that girls under the age of 12 who consent to sex must be allowed to settle for marriage.

Groups and legislators slammed Tomana, with some petitioning President Robert Mugabe to remove him from office.

“Just yesterday (Wednesday) there was a demonstration at my office. What was the demonstration about? (It was) about a statement that I was alleged to have made. They didn’t even care to establish with me what I said? I was telling you men that you are in trouble if you look at the consent of a girl that is below the age of 12, because as they say, for example girls mature much earlier and their bodies develop much faster than males,” Tomana said.

He added that sentences between a rapist and someone who had consensual sex with a girl under 16 varied because there was a degree of consent.

“But you are not going to be treated like the rapist who ravaged (a woman) by ginya (force). They will not sentence you to 10 years there, that’s why you find some of them doing community service or serving just a few years — it’s because of the accepted circumstances that, she had said yes, but we don’t want that to happen to (girls who are) below 16 years,” Tomana said.

Tomana said it was pathetic that most men preferred younger girls to older women.

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11 Comments

  1. We may try all we want to deny this consent but our naughty daughters are defiant. They take us for fools and call us all sorts of names for trying to protect them. Take for example one case whereby a grade 7 pupil was left in the care of a senior sister. The paedophile visit the two sisters in the evening to collect his cellphone which they were charging. They then start watching television together. Unfortunately senior sister falls asleep on sofa. The paedophile asks for sex and the girl consents. She takes boyfriend to kitchen hut to do the act. There she says its not suitable and they go to the toilet and do the deed. Does this little girl deserve the same protection as someone whose clothes are torn and is violated at gun or knife point whilst she is gagged so that she can not cry for help. FOOD FOR THOUGHT.

    1. Mr Tomana is simply interpreting what the law says, that is his job. He does not make the laws, the legislators do. Lets not cloud issues that are clear here, who should get the chop here, the lawmaker or interpreter?

  2. Are you serious Tichanetsa? Maybe you are a paedophile? What do kids know? I’m shocked at your warped logic….God help these little with men reasoning as you do. As an adult, you should know not to take advantage of minors. You should hang your head in shame.

  3. Comrade Tomana, you just need to know that in our Party at this juncture, we are in perilous times. The creature called factionalism is geared for destruction and it looks like it’s going to stop at nothing. Be vigilant and defiant. No one should tell you to resign except His Excellency who appointed you.

    1. mkwerekwere is just saying reality. our girls have gone to the dogs. we are creating or we have created a failed generation. you get shocked on what our girls are doing esp those with wider access to manipulative social medias. we need to put heads together and make sure we protect our kids by taking away all access to social media untill they know what they do. its better to accept relity happening on the ground then panel beat it to make the ideal situation. as it is zvakaoma.

  4. Zhuping wekuChina

    Comrade Tomana you have never been my favourite but in this instance you openede a can of worms that been haunting people for some time.. In as much you were reckless with your statement about girls below 12 getting married, l do agree with you on the non custodial sentences that have been given to some men for sleeping with girls below 16 but above 12, which is statutory rape.Its unfortunate that many parents are trying to shift blame for their poor parenthood. many kids are getting sexually active at very tender ages NOT because of older men but because of what they are exposed to these days. If a kid aged 6 already walks around with an Iphone, how do you expect to control what he/she sees. there is internet , whatsapp etc that they can use just like any adult. You go to clubs these days ypu can see gals as young as 12 (l know what l am talking about). So if shes to engage in sex therafter, whom is to blame?…..lets help each other to build our wonderful country

  5. Your “out of context” speech Tomana was recorded and your import is very clear : “let they marry at 12 if they have nothing else to do. …imprisoning the abuser will leave the pregnant child worse off…”

    But then you are shielding Kereke who raped an 11 year old at gun point !!!!

  6. The whole truth about it is someone behind the inspiration.You might not understand it due to underdevelopment in Zimbabwe but if you come here in UK, that’s where you can understand it better. Every economic, financial and cultural crisis is backed or caused by the spirit of antichrist whose already born. Whatever we do now is leading to make him powerful when he comes with peace for New World Order. Anywhere, its my pleasure to hear that Zimbabweans like me are also interested to be like Americans though for a time they are facing a little conflict.

  7. Tomana just accept your slip tongue sorry for you in chewa we say ( chawana muzako chinapita mawachirikuwaitu) shame on you it shows that you don’t care about kids even 16yrs she is still a minor u must protect them

  8. What he is saying now is totally different from what we heard from the audio. He got the biggest bribe from Kereke and wants to defend his immoral deeds. He is corrupt and must resign.

  9. Tomana z ryt these w/men groups are craze they spend a lot of money and tym teaching children abt sex At skul the syllabus nw teaches children sex at 11 or there abt wat z the essence of this tvs nw show pple doing it & we allow our children to watch this with impunity we nw allow them to do all acts tht were meant fo adults Pliz leave Tomana the world z nw lyk tht I only pity those man tht r found bt the majority r nt coz the girls consent let it be even children ve got thts

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