Wednesday, 29 June 2016


President Mugabe has set up a disciplinary tribunal to determine Prosecutor General Mr Johannes Tomana’s suitability to continue holding the esteemed office following allegations of defying court orders.

Disciplinary proceedings, according to reliable sources, will start on July 25, this year.
The Herald understands that the three-member tribunal will be chaired by retired High Court judge Justice Moses Chinhengo. Indications are that University of Zimbabwe Dean of Law Mr Emmanuel Magade and a female city lawyer operating a law firm in Avondale were also appointed to the tribunal.

Sources said the matter should be concluded within three months from the commencement date. Appointees were yesterday served with the letters of appointment.

President Mugabe, in terms of Section 187(3) of the supreme law of the country, must establish a tribunal upon receiving recommendations from the Judicial Service Commission.
In terms of Section 187(4), the tribunal must consist of at least three members appointed by the President.

The chairperson of the tribunal, according to the same section, must be someone who once served as a judge of the Supreme or High Court.

Justice Chinhengo, an accomplished lawyer, served as a judge of the High Court in Harare for eight years, before serving another eight years as a judge of the Botswana High Court.

He was a part-time lecturer at the University of Zimbabwe and he is currently doing arbitration work.

Justice Chinhengo also serves on the Appeal Court of Lesotho as a visiting judge.
Mr Magade, is a long-serving Dean of Law at the University of Zimbabwe and he has taught a number of esteemed judges and lawyers.

Last year, Mr Magade was appointed commissioner for the Zimbabwe Electoral Commission.

In May this year, the Judicial Service Commission made recommendations to the President for the establishment of a tribunal to investigate and assess whether Mr Tomana was still fit to hold his office.

Mr Tomana, who is facing criminal charges at the Harare Magistrates’ Court involving a foiled bomb attack on Gushungo Holdings Alpha Omega dairy plant, was in October last year, slapped with a 30-day jail term for contempt of court after he defied court orders to issue certificates for the private prosecution of Bikita West legislator Dr Munyaradzi Kereke, and Telecel shareholder Dr Jane Mutasa.

The sentence was wholly set aside on condition that he complied with the court orders and issued private prosecution certificates to Mr Francis Maramwidze and Telecel within 10 days, failing which he would be barred from practicing as a lawyer in Zimbabwe.

Kereke is accused of raping an 11-year-old relative while Mutasa was facing charges of 
swindling the company of airtime recharge cards worth millions of dollars.
The resolutions came at a time Mr Tomana was still fighting to block the disciplinary proceedings through the courts of law.

Mr Tomana last week had his challenge at the High Court moved from the urgent chamber roll to the ordinary applications roll.

He was blasted for exhibiting insincerity in his bid to block the proceedings leading to his possible removal from office. herald


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