Makarau defends JSC in Tomana saga

Judiciary Service Commission acting secretary, Justice Rita Makarau, says Prosecutor-General (PG) Johannes Tomana has an obligation to respond to questions on why President Robert Mugabe should not be consulted on the need to set up a tribunal over allegations of abuse of office and incompetence against him.

BY CHARLES LAITON

The JSC last month wrote to Tomana inviting him to answer several allegations made against him, so as to enable the commission to be guided in making or desisting from making a recommendation to the President for the appointment of a tribunal.

But, instead of responding to the questions, Tomana approached the High Court challenging the JSC’s move, arguing it had no mandate to institute such proceedings as he occupied the same position as the Chief Justice (CJ).

Rita Makarau Justice Rita Makarau[/Caption]

Tomana’s move has been viewed by the JSC as “an attempt to circumvent the operation of a final order of the Constitutional Court of Zimbabwe”.

In her affidavit, Justice Makarau dismissed Tomana’s assertions saying his office was not equivalent to the CJ’s office.

“With respect, the supreme law is very clear that the provisions relating to the removal of a judge from office apply to the removal of the Prosecutor-General from office. In any event, even if the position of the PG was equivalent to that of the CJ, which it is not, the first respondent (JSC) is constitutionally empowered to initiate the removal of the CJ himself from office,” Justice Makarau said.

Justice Makarau further said it was evident that the PG’s Office, JSC, the Judiciary and the court system were all separate and distinct institutions or offices established under the supreme law of the country.

“Secondly, it is clear that any member or incumbent of/in any of these institutions/positions is subject to disciplinary proceedings as provided by the law. There is no immunity granted to any of the officers described above,” she said.

By filing an urgent chamber application at the High Court, Justice Makarau said, Tomana had misconstrued his rights and urged the court to dismiss it.

She castigated Tomana’s lawyer Steven Zvinavakobvu, who prepared the Certificate of Urgency saying he had not read the papers correctly.

“Mr Steven Zvinavakobvu did not apply his mind to the facts giving rise to his opinion that the matter is urgent, and his opinion displays a cavalier approach to urgency and the real possibility that he did not read the papers,” Justice Makarau said.

“Paragraphs 5 and 6 of the Certificate of Urgency, with all due respect, do not make grammatical sense, and, in any event, do not establish urgency.”

7 Responses to Makarau defends JSC in Tomana saga

  1. ndini March 2, 2016 at 7:42 am #

    Ko Tomana haasati ayenda?

  2. gutter poet March 2, 2016 at 8:52 am #

    The question on most lips in the land is: how did this guy get the job in the first place? Maybe with time, one the public at large will know how this happened.

  3. Mukanya March 2, 2016 at 8:53 am #

    Tomana seeking urgency in perverting the course of justice in ZIM.

  4. HLOMURO SITHOLE March 2, 2016 at 3:14 pm #

    Time to call it quits Cde Tomama. Hamupabuti apa.

  5. carol.moreno March 2, 2016 at 4:11 pm #

    “…$…”G­­o­­­o­­­g­­l­­e­­­ i­­s­­­­-p­­a­­y­­i­­n­­g­­ $30 p­­e­­r h­­o­­u­­r! ­­W­­o­­r­­k ­­f­­­­o­­r ­­f­­­­e­­­­w­­ h­­­­o­­u­­r­­s ­­a­­n­­d h­­a­­v­­e l­­o­­n­­g­­e­­r w­­i­­t­­h­­ f­­­­r­­i­­e­­n­­d­­s & ­­f­­a­­m­­i­­l­­y­­! ­­O­­n ­­t­­u­­e­­s­­d­­a­­y I g­­o­­t ­­a­­ g­­r­­e­­a­­t ­­n­­e­­w­­ L­­a­­n­­d­­ R­­o­­v­­e­­r ­­R­­a­­n­­g­­e ­­R­­o­­v­­e­­r­­ f­­r­­o­­m h­­a­­v­­i­­n­­g e­­a­­r­­n­­e­­d­­ $­­8­­7­­2 t­­h­­i­­s ­­l­­a­­s­­t­­ f­­o­­u­­r­­ w­­e­­­­e­­k­­s.­­.­­ I­­t­­ s­­o­­u­­n­­d­­s­­ u­­n­­b­­e­­l­­i­­e­­v­­a­­b­­l­­e­­ b­­u­­t ­­y­­o­­u w­­o­­n­­t f­­o­­r­­g­­i­­v­­e ­­y­­o­­u­­r­­s­­e­­l­­f i­­f ­­y­­o­­u ­­d­­o­­n­­’­­t­­ c­­h­­e­­c­­k i­­t­­….~

    w­w­w.w­o­r­k­p­r­o­s­p­e­c­t­s.c­o­m

  6. tarts March 2, 2016 at 4:14 pm #

    Munotambirei naJoyce Teurai Ropa Mujuru ndoozvamuchamamira izvozvo

  7. Ndini March 2, 2016 at 10:51 pm #

    This is all political due to the first lady’s accusations. Why were charges not brought forward before when Tomana was disrespecting the courts . We have judges and and administrators that make political decisions instead of following the law. Tomana should have been gone a long time long ago . He is being sacrificed for not protecting the first family.

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