President Robert Mugabe’s shock decision to rescind the
appointment of Prosecutor-General (PG) Ray Goba is unconstitutional and can be
challenged in court, legal and political experts said yesterday.
Goba’s appointment was reversed by Mugabe in an
extraordinary gazette issued Friday.
He now reverts to being the acting PG while Mugabe
considers a new candidate although Goba told our sister paper, the Daily News
on Friday, that he was considering his legal options.
Goba’s dismissal was announced in Friday’s extraordinary
gazette signed by the chief secretary to the President and Cabinet, Misheck
Sibanda, who ironically had issued the previous gazette confirming his
appointment.
“Repeal of the General Notice 493 of 2017 concerning the
appointment of the Prosecutor General of Zimbabwe. It is hereby notified that
the captioned general notice that was published in the gazette Extraordinary on
the 13th September, 2017 is repealed,” it was announced.
The decision came six weeks after Goba formally assumed the
post having been picked by Mugabe ahead of two other candidates – Misheck Hogwe
and Wilson Manase – although he was yet to be sworn in.
Constitutional expert, Lovemore Madhuku, yesterday said
Mugabe had violated the law by rescinding the appointment of Goba whom he said,
according to the constitution, his dismissal would be only done via a Tribunal.
“It’s clearly contrary the Constitution. He (Mugabe) made
the appointment and he cannot dismiss him the way he did. He did communicate
his appointment to the public. He (Mugabe) must not be allowed to get away with
this,” Madhuku said.
Ealier when there was speculation that Goba’s appointment
could be reversed, Madhuku said Mugabe had correctly exercised his executive
powers by appointing Goba the new PG.
“The president has already exercised that function ... and
he cannot stand in the way of the person he has appointed. I don’t see him
doing that.
“The constitution also requires anyone assuming office to
take an oath, but that (swearing in) can be delegated to anyone by the
president ... the swearing in would be just ceremonial and is different from
the executive function,” Madhuku said then.
University of Zimbabwe political science lecturer Eldred
Masunungure said Goba could have been a victim of the ugly succession and
factional wars devouring Zanu PF.
“I think only insiders know the decision behind the move,
all of us we can speculate and for many people factionalism explains the
decision to dismiss Goba in light of the cabinet reshuffle.
“We have the new minister he might have recommended the
dismissal and this might have a
factional dimension as you know … Mnangagwa was the one who recommended Goba to
be appointed the PG.
“ I think it was not easy to reach that decision, probably
it’s unprecedented. We can only speculate for now but many people think that
the issue of factionalism caused Goba’s dismissal,” Masunungure told the Daily
News On Sunday.
Goba was viewed as sympathetic to Vice President Emmerson
Mnangagwa who previously held dual roles as VP and Justice minister before
Mugabe’s recent cabinet reshuffle.
Mnangagwa’s influence was diluted by Mugabe who replaced
him as Justice minister with former Central Intelligence Organisation (CIO)
director general, Happyton Bonyongwe.
Veterans of the country’s liberation, who have publicly
stated their support for Mnangagwa to succeed Mugabe, yesterday said Goba’s
dismissal was unlawful.
“The Prosecutor General is a position created by the new
Constitution, he is appointed and all procedures were followed, then the next
thing there is a cabinet reshuffle and we now see a government gazette saying
that the appointment has been rescinded. No that’s not the way you run a modern
country.
“It is important that the president and cabinet apply
themselves assiduously to that process so that we don’t go through these kinds
of hiccups. We hope that the disappointed Prosecutor General challenges what
has happened to him before the courts so that a way can be found. We want the
parliament to look into that judgement,” said chairman of the Zimbabwe National
Liberation War Veterans Association (ZNLWVA) Christopher Mutsvangwa.
“We hope that Goba would test the circumstances surrounding
him, his appointment and his disappointment. We also hope that the new Minister
of justice will allow the law to ventilate on such kind of issues because that
will be a litmus test for somebody who comes from the intelligence organisation
and become minister of justice.
“The two things are different, one you are an operative and
the other one you are an enforcer of justice. So we hope that he will behave in
such a manner that clarity can be given to the people of Zimbabwe and
parliament should be given a chance to review that issue,” Mutsvangwa added.
Goba came joint tops in the interviews held by the Judicial
Service Commission (JSC) to find a worthy candidate for the office.
The results of the interview process showed that Goba was
tied joint top, on 59 percent with Hogwe, while Manase was third with 53
percent.
Deputy PG Florence Ziyambi — who was touted as a worthier
contender for the top persecution job in some Zanu PF quarters — actually
performed dismally in the interviews, coming a distant fifth in the eyes of the
JSC with 37 percent.
Goba was appointed to the position by Mugabe, after serving
a year in the job on an interim basis — following the suspension and subsequent
sacking of his predecessor, Johannes Tomana.
However, his appointment — announced via an extraordinary
gazette — was contested by factions of the brawling ruling Zanu PF, just as
they did during the selection of the new Chief Justice, where they fought
viciously to have their preferred candidate take over from the late Godfrey
Chidyausiku.
The appointment of Goba drew mixed feelings among
observers, with some questioning his suitability for the job after he was
convicted in Namibia for driving drunk and attempting to defeat the course of
justice.
During the interviews to choose the new PG, Goba vigorously
defended himself.
Mugabe picked Goba from the list of the top three
candidates who were submitted to him by the JSC.
According to the JSC's list of six candidates, Tecler
Mapota scored 38 percent, Ziyambi 37 percent and prominent criminal lawyer
Charles Chinyama had 23 percent. Daily News
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