THE Judiciary Service Commission (JSC) has reportedly written to President Robert Mugabe requesting him to set up a tribunal to interrogate Prosecutor-General (PG) Johannes Tomana over a litany of charges relating to obstructing the course of justice and criminal abuse of office, NewsDay has established.
BY CHARLES LAITON
Tomana was arrested early this month after he allegedly consented to the removal from remand of two suspects — Solomon Makumbe and Silas Pfupa — who had been arrested over a foiled bombing of Mugabe’s Gushungo Dairy plant in Mazowe.
Highly-placed sources in the judiciary system yesterday confirmed the move to have Tomana appear before a tribunal in line with Section 187 (3) of the Constitution, as the PG was at the same level as judges.
The source said: “He (Tomana) was served with papers to show why Section 187(3) should not be evoked and I understand his 10-day period to respond expired this week and any time from now a tribunal will be set up for him to answer the charges.”
However, Deputy PG Florence Ziyambi and JSC deputy secretary Walter Chikwanha professed ignorance over the impending tribunal for Tomana.
But sources in the justice system insisted Tomana would be summoned soon for a hearing, adding other cases Tomana was also set to answer to include his refusal to prosecute former Telecel acting chairperson Jane Mutasa for allegedly swindling the mobile operator, failure to indict Bikita West legislator Munyaradzi Kereke on charges of rape, his concession to the release from jail of convicted former Zupco chairperson Charles Nherera and contempt of court charges, for which he was convicted by the Constitutional Court.
On Monday this week, Tomana’s application seeking to be removed from remand was dismissed by Harare provincial magistrate Vakai Douglas Chikwekwe on the basis that there was reasonable suspicion that he committed an offence.
Tomana had submitted that he had all the powers to use his discretion in selecting who to prosecute and who to invite as a State witness. He added he was not subject to scrutiny by the Executive, the judiciary or anybody else.
Tomana’s declarations and assertions were later dismissed by the National Prosecuting Authority, which said the PG had no mandate to “arbitrarily or corruptly set free a suspect without being subject to constitutional scrutiny”.
“It is clear that the law only immunises the President during the pendency of his office and not after he has ceased holding office. The immunity that the accused wants to legislate for himself in the Constitution if necessary must be by way of a constitutional amendment and referendum.”