President Emmerson Mnangagwa will soon announce his choice
for Prosecutor-General after getting a shortlist of three candidates who
underwent public interviews by the Judicial Services Commission last month.
Eleven candidates went through public interviews to fill
the position left vacant after Mr Ray Goba resigned while facing investigations
into alleged abuse of office.
Mr Goba was accused of failing to prosecute high profile
criminal cases, putting his office into disrepute and leaving the country
without Cabinet authority.
Mr Kumbirai Hodzi is the acting PG. Those interviewed for
the job on November 1 are Cheda Maphios, Chingeya Wendy Rowesai, Chinyoka
Tinomudaishe, Nara Tavenga, Hodzi Kumbirai, Hogwe Misheck, Majome Fungayi
Jessie, Mantsebo Calvin Tichaona, Marondedza Edios Edmund, Mashumba Norio and
Ziyambi Florence.
Justice, Legal and Parliamentary Affairs Minister Ziyambi
Ziyambi said last week, “Following the interview, three names of the successful
interview are brought to the attention of the President.
“The law says from those three names the President should
select one name for the office.
“If he is satisfied with a name on that list he selects one
and if he is unhappy he can communicate that new names be submitted.
“As of now we are await for the President to apply his mind
to the names that were submitted to him before he makes the announcement.
“The Constitution does not give him a timeframe that the
announcement should be made by such a time.”
JSC Secretary Mr Walter Chikwanha told The Sunday Mail that
the names were submitted to the President in terms of the law.
“As the JSC we have done all that is required of us in
terms of the Constitution which states that after the interview we submit three
names to the President for him to consider before naming the Prosecutor General
designate before swearing in.”
The appointment of a PG is done in terms of Section 259(3),
as read with Section 180(2), of the Constitution.
Section 259(4) of the Constitution of Zimbabwe provides
that: “The Prosecutor-General must be qualified for appointment as a judge of
the Supreme Court.”
Section 178 says “(1) A person is qualified for appointment
as a judge of the Supreme Court if he or she is a Zimbabwean citizen and at
least forty years old and, in addition —
“(a) is or has been a judge of a court with unlimited
jurisdiction in civil or criminal matters in a country in which the common law
is Roman-Dutch or English and English is an officially recognised language; or
“(b) for at least ten years, whether continuously or not,
he or she has been qualified to practise as a legal practitioner —
“(i) in Zimbabwe; or (ii) in a country in which the common
law is Roman-Dutch or English and English is an officially recognised language;
and is currently so qualified to practise.
“(2) To be appointed as a judge of the Supreme Court a
person must be a fit and proper person to hold office as a judge.” Sunday Mail
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