Top prosecutor challenges remand

HARARE - Prosecutor-General Johannes Tomana yesterday challenged his placement on remand over charges of abuse of office and obstructing justice after he dropped a case against two men accused of plotting to bomb President Robert Mugabe’s dairy farm.

The top prosecutor said attempts to prosecute him were ultra vires the new Constitution which gives him authority to discharge independently any functions necessary for prosecution.

“It is an elementary principle of law and practice that I am entitled, as a matter of unfettered and unrestrained discretion, to choose whom to prosecute and whom to utilise as a State witness,” Tomana said in his affidavit lodged with the court.

“That function lies at the core of my constitutional mandate. I dare say that this is the be, all and all of my powers.

“…my placement on remand is highly irregular. It must be nullified retrospectively.

“Every time that I remain on remand the Constitution suffers an unwarranted violation. That must be brought to an end. Those behind this process must stop it!!

“How can I function independently, fearlessly and impartially when the police are free to arrest me for discharging a clear-cut prosecutorial function? The implication is that I can be arrested for something as innocuous as consent to bail.”

Prosecutor Timothy Makoni is expected to respond to Tomana’s application. Harare provincial magistrate Vakayi Chikwekwe will make a ruling on the application today.

According to Makoni, Tomana illegally ordered the release of Solomon Makumbe and Silas Pfupa, who are facing treason charges, before the police finalised investigations into the matter.

According to court papers, the four were placed on remand on January 25, before their request for remand placement forms were taken to the National Prosecuting Authority (NPA)

“On January 29, the accused person as the prosecutor-general well knowing that police investigations were still in their infancy and without having sight of a complete docket, clandestinely directed the withdrawal of charges before plea against two of the principal accused Solomon Makumbe and Silas Pfupa, who were resultantly released from remand,” the State outline claims.

Tomana’s lawyer Thabani Mpofu has said the new Constitution passed in 2013, which created the post of prosecutor-general, gave Tomana power over whom to prosecute.

He said the court had no authority to try Tomana.

 

Comments (12)

Feel the frustrations of constitutional breaches which are instigated by the zanu thugs to protect their own or to remind people kuti ndiani arikutonga

TAKAZ - 17 February 2016

Nr Thabani you being a lawyer should not mislead Zimbabweans by trying to convince us that the PG has the ultimate prerogative of deciding whom to prosecute or not!!! Then the f%$#ng constitution is wrong and needs an amendment. The PG should have waited for completion of investigations and then evaluate the methodology and merits of the findings. I am not saying there is a case but procedures are procedures...otherwise we have another unquestionable center of power for the judicial sector

gamuchirayi - 17 February 2016

Gamu,the law is applied as it is, not as it must be. Till the law is amended as per your whims and fancies, the PG remains immune to prosecution. The real issue at play here is politics. PG is a lacoste team member. That is where the issue is. But the persecutors will soon taste prison in not far future.

Danai Pazvagozha - 17 February 2016

zvakangonaka kuti chimoto chenyu machitanga gore rezhara...hakuna anenge anesimba rekurova vamwe

pachedue - 17 February 2016

when ordinary zimbabweans are being abused by you Tomana and those holligans in uniforms its not a problem but when you get abused by your fellow holligans then it becomes a problem right? you must feel it as well. we have been assaulted for no reasons and cases thrown into the bin. enjoy the abuse.

mt darwin - 17 February 2016

What goes around, comes around. When innocent MDC supporters where brought before you Tomama, you ruthlessly poured acid on their wounds and told then to go and die. So what's the noise about the same happening to you today because you have fallen out of favour of Mugabe. Until idiots like you Tomana realise that a country can never functions with one man controlling all pillars of power, i.e the Judiciary, The Executive, Legislature no one is free. When you support such a system, then you are taking away your own freedom.

Ziziharinanyanga - 17 February 2016

What goes around, comes around. When innocent MDC supporters where brought before you Tomama, you ruthlessly poured acid on their wounds and told then to go and die. So what's the noise about the same happening to you today because you have fallen out of favour of Mugabe. Until idiots like you Tomana realise that a country can never functions with one man controlling all pillars of power, i.e the Judiciary, The Executive, Legislature no one is free. When you support such a system, then you are taking away your own freedom.

Ziziharinanyanga - 17 February 2016

What goes around, comes around. When innocent MDC supporters where brought before you Tomama, you ruthlessly poured acid on their wounds and told then to go and die. So what's the noise about the same happening to you today because you have fallen out of favour of Mugabe. Until idiots like you Tomana realise that a country can never functions with one man controlling all pillars of power, i.e the Judiciary, The Executive, Legislature no one is free. When you support such a system, then you are taking away your own freedom.

Ziziharinanyanga - 17 February 2016

Chero zvikaita basa zvine basarei Tomana ngaasungwe haangati Kereke akabhinya vana asatongwe kumadzitare Varume batai munhu uyu

Tsunami - 18 February 2016

I thoroughly enjoyed myself watching on ZbcTv the PG jumping out from the back truck that taken him for his remanding, what an exercise it was for him, really invigorating TOMANA.

Mukanya - 18 February 2016

That clause of the constitution which gives the PG powers to decide who to prosecute and who not to must be amended without delay.

Icho - 18 February 2016

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