Prosecutor-General (PG) Johannes Tomana was yesterday summarily fired from his job by President Robert Mugabe following his suspension in March last year on allegations of incompetence and misconduct.
Mugabe appointed a judicial tribunal to inquire into Tomana’s suitability to hold office that was chaired by retired High Court judge Justice Moses Chinhengo.
The tribunal concluded its work early this year and handed over its findings to Mugabe for action.
Tomana’s dismissal was contained in the Government Gazette published yesterday through the Justice, Legal and Parliamentary Affairs ministry’s permanent secretary Virginia Mabhiza.
Mabhiza said Mugabe took the decision following the recommendations of the Chinhengo tribunal.
The tribunal’s other members were University of Zimbabwe Dean of Law Emmanuel Magade and city lawyer Melania Matshiya.
“In that report, the tribunal has advised His Excellency the President that the Prosecutor-General ought to be removed from office for incompetence and misconduct. Accordingly, in terms of Section 187(8) of the Constitution, the Prosecutor-General is removed from office with effect from the date of publication of this notice,” Mabhiza wrote.
Tomana was not reachable yesterday.
His lawyer Thabani Mpofu was unable to comment last night, as he was already observing his Sabbath.
Mugabe appointed the Chinhengo tribunal in June last year to specifically investigate Tomana on charges of defying court orders and criminal abuse of office when he withdrew sabotage charges against two military officers who were allegedly caught in a failed attempt to bomb Mugabe’s Gushungo dairy plant in Mazowe in January last year.
The other charges included failure to prosecute several cases that involved high-profile personalities and failure to issue certificates of a private prosecution to Telecel Zimbabwe and Francis Maramwidze.
Telecel Zimbabwe wanted to prosecute its former board vice-chairperson Jane Mutasa on charges of fraud, while Maramwidze wanted to prosecute jailed Bikita West MP Munyaradzi Kereke on rape and indecent assault charges.
Tomana is indicted at the High Court for criminal abuse of office involving some of the cases that formed the basis of setting up a tribunal inquiring into his aptness to hold the high office.
Advocate Ray Goba continues to act as PG.
Until his appointment to the PG’s Office, Goba was a senior advocate with Harare Advocates Chambers and has vast legal experience having worked in the then Attorney-General’s Office before migrating to Namibia, where he spent over a decade as State Attorney-General