Johanes Tomana has been relieved of his duties as Zimbabwe’s Prosecutor-General (PG) due to incompetence and misconduct, the latests Government gazette has revealed.
During his tenure which dawned in 2009, Tomana presided over cases which include Telecel (Pvt) Ltd versus Attorney General and Professor Charles Muchemwa Nherera versus Jayesh Shah.Tomana once held the Attorney-General’s post before the adoption of the new constitution, which created a separate office from the PGs office.
SOURCE: FINANCIAL EXPRESS (FINX)
Tomana was sworn in to the AG’s office together with the inclusive government Prime Minister in March 2009 and was appointed as the country’s first ever PG in November 2013.
Using the old constitution, Tomana becomes the third AG to be fired by the President after Andrew Chigovera and Sobusa Gula-Ndebele.
In the latest government gazette, the President removed Tomana from office after receiving the report of the three-member Tribunal which advised that the PG ought to be removed from office for incompetence and misconduct.
The tribunal inquired on several matters involving Tomana’s conduct.
In Maramwidze’s case, Tomana was accused of refusing or failing to issue him with a certificate for private prosecution as ordered by the High Court on May 14, 2014. He faced the same charge in the Telecel Zimbabwe (Pvt) Ltd case after he was ordered to issue a certificate by the Supreme Court within five days on January 8, 2014.
The tribunal also investigated whether Tomana was not only in contempt of court, but also in violation of the Oath of Office and the Constitution by refusing or failing to obey the court orders.
It is understood that the tribunal also sought to establish whether or not Mr Tomana’s conduct was inappropriate and an abuse of office with regards to persons who were his clients prior to his appointment as Prosecutor-General.
Tomana was further accused of withdrawing charges of contravening the Prevention of Corruption Act (Chapter 9:6) against Bright Matonga, another of his former clients, citing unavailability of witnesses, which was not the case.
Tomana was also accused of refusing to prosecute Matonga on charges of culpable homicide, citing untenable reasons at law.
In another charge, the tribunal wanted to establish whether or not Tomana was in abuse of office by stopping the trial of Beauty Basile, who was charged with several counts of contravening the Prevention of Corruption Act (Chapter 9:23) and the Criminal Law (Codification and Reform) Act (Chapter 9:23).
The three members of the tribunal were University of Zimbabwe lecturer Emmanuel Magade, lawyer Melania Matshiya and Justice Moses Chinhengo