Prosecutor General interviews, a chance to correct previous blunders

By Jacob Mafume

ZANU PF has in the past politicised positions that are supposed to be independent of the executive. These include the Judiciary, Independent Commission and the Civil Service which in black and white is highlighted by the constitution that the Civil Service must be manned by people whose conduct does not depict partisanship.

“Members of the Civil Service must act in accordance with this Constitution and the law. No member of the Civil Service may obey an order that is manifestly illegal. No member of the Civil Service may, in the exercise of their functions Act in a partisan manner; further the interests of any political party or cause; prejudice the lawful interests of any political party or cause.”

Despite the dictates of section 200 of the constitution, Civil Service has been involved in the organisation of ZANU PF activities, recently as revealed by Mandi Chimene, civil servants are involved in organising Mugabe’s rallies.

This culture did not spare the Prosecutor General’s Office, whose jurisdiction previously fell under the office of the Attorney General through the provisions of the old constitution.

The man who presided over this department in recent years is one Johannes Tomana who in our view decided to direct much of his efforts in a narrow partisan agenda other than focus on the core duties of his office as outlined in section 259 of the supreme law.

The PDP is convinced that the conduct of Tomana did not only compromise the efficacy of the Prosecution but resulted in the loss of trust in the department by the Zimbabwean people.

One of the famous cases in recent times is the refusal by Tomana to prosecute his ZANU PF colleague Munyaradzi Kereke who was later convicted of raping a minor through private prosecution.

Our concern has always been the denial of Justice by a partisan official who is supposed to be independent. If the child raped by Kereke was from a family in Malipati in Chiredzi, Kereke would be walking Scot-free, it could be possible the family would not afford a private prosecution.

We are also aware of the fact that ZANU PF prevents people from knowing their rights therefore many Zimbabweans would  not even know they have a right to initiate a private prosecution.

All the technical debates and discussions could be avoided had Tomana just done his job and stayed away from politics.

We therefore urge ZANU PF to allow the office of the Prosecutor General to open a new chapter of competence, integrity and independence.

The Prosecutor General’s in the new era must focus on the following issues.

1. Focus on combating corruption which has put a huge premium on the Zimbabwean economy.
2. Change the culture in the department which has resulted in the loss of faith by the Zimbabwean people.
3. Ensure all the violations of the law against the state are pursued to the fullest extent possible.
4. Ensure The Prosecutor-General and officers of the National Prosecuting Authority act in accordance with the Constitution and the law.
5. Ensure that No officer of the National Prosecuting Authority may, in the exercise of his or her functions–act in a partisan manner; further the interests of any political party or cause, prejudice the lawful interests of any political party or cause; or violate the fundamental rights or freedoms of any person.

Together Another Zimbabwe is Possible
Jacob Mafume
PDP Spokesperson