Suspended Prosecutor-General Advocate Ray Goba, who was set to appear before a tribunal to ascertain whether or not he was still fit to continue as the country’s top prosecutor, has resigned.
Adv Goba tendered his resignation letter yesterday.
Secretary for Justice, Legal and Parliamentary Affairs Mrs Virginia Mabiza confirmed the development, but referred all questions to the Chief Secretary to the President and Cabinet Dr Misheck Sibanda, who was not immediately available for comment.
Sources said Adv Goba tendered his resignation to the Chief Secretary yesterday.
Adv Goba was facing charges of failing to prosecute high profile corruption cases forwarded to his office by investigating agencies, sneaking out of the country without Cabinet authority, entering Namibia despite being a prohibited immigrant in that country and using abusive language, as well as insulting lawyers.
The PG’s suspension followed recommendations made by the Judicial Services Commission (JSC) to the President to set up a tribunal to investigate him for alleged misconduct. Adv Goba was suspended from office in terms of Section 187 (10) of the Constitution.
“Please be advised that by virtue of provisions of Section 259 (7) as read with Section 187 (3) of the Constitution, His Excellency the President has appointed a tribunal to inquire into the question of removing you from office of Prosecutor General,” read the letter of suspension.
“Accordingly, you are suspended from office with immediate effect in terms of section 187(10) of the Constitution until the President on the recommendation of the tribunal either revokes the suspension or removes you from the office of the Prosecutor General.”
The JSC, during its Extraordinary General Meeting held on July 12, noted that the allegations against Adv Goba necessitated the need to do an inquiry into his suitability to continue holding the office of Prosecutor General.
Adv Goba is alleged to have on more than one occasion travelled out of Zimbabwe to Namibia without obtaining the necessary Government approval. He also on more than one occasion allegedly entered Namibia despite him being a prohibited immigrant in that country.
Adv Goba was also alleged to have violated his constitutional obligation by refusing to prosecute corruption related cases initiated by investigating agencies.
He is alleged to have given various excuses for failing to prosecute the cases. Among the high profile corruption cases Adv Goba was alleged to have refused to prosecute is that of former Higher Education Deputy Minister, Dr Godfrey Gandawa and that of former Home Affairs and Finance Minister, Ignatius Chombo.
The dockets of the two accused are among many that were completed long back according to sources. Adv Goba was declared a prohibited immigrant in 2011 while working in Namibia as Deputy Prosecutor-General and legal services director in case number A118/2011, but was allegedly travelling to that country without Cabinet Authority. He was also accused of putting his office into disrepute by trading insults with lawyers.
President Mnangagwa appointed the three-member tribunal to look into allegations chaired by retired High Court judge Justice November Mtshiya, Advocate Takawira Nzombe and another lawyer Ms Wendy Chingeya. The Herald