Tomana gets dues, but: lawyers, PDP

Tables turned … Prosecutor General Johannes Tomana (centre) taken to court Tuesday

TENDAI Biti’s People’s Democratic Party (PDP) says although Tomana has abused his powers to clamp down on opposition politicians and social activists, his arrest this week and subsequent prosecution should be condemned and testifies to “our” calls for the respect of rule of law.

In a statement Wednesday, PDP spokesperson, Jacob Mafume, said his party was not celebrating Tomana’s arrest.

“While we are tempted to say the chickens are coming home to roost, we, however, must hasten to add that Tomana, as the head of the National Prosecuting Authority (NPA), should show gratitude to the call by democratic forces in ensuring that the independence of the work of the Prosecutor General was enshrined in the new Constitution.

“The people of Zimbabwe have also been against the abuse of section 121 of the Criminal Procedure and Evidence (CPEA), which Tomana has previously abused for his own selfish interests, saved him from being denied bail on Tuesday.”

Mafume said while his party held no brief for Tomana, they viewed the exercise of “constitutional discretion by a constitutionally appointed office not a crime”.

“On countless occasions, Tomana became an enthusiastic abuser of the justice delivery system by prosecuting lawyers on false charges of obstructing the course of justice,” he said.

“These are the same charges that he is now being charged with at the criminal courts.

“Our position is that a review of the decision made by the PG cannot be done through the Gestapo tactics that are being employed by the police in Tomana’s case.”

In the past the opposition has demanded the resignation of Tomana who they accused of being used by Zanu PF to target their members.

“As a country, we must build a new constitutional dispensation through respect of the constitution and offices such as that of the NPA,” said Mafume.

“We strongly condemn the abuse of a constitutional office by any person for personal and selfish gains.”

Human rights lawyers ‘forgive’ Tomana, condemn his arrest

THE Zimbabwe Lawyers for Human Rights (ZLHR) has condemned the arrest and detention of Tomana and lamented the “continued interference by government in the justice delivery system”.

ZLHR members have been victims of arbitrary arrests by the police and prosecution at the behest of Tomana as prosecutor general (PG).

Tomana was on Tuesday charged with obstructing the course of justice after he dropped charges against two men accused of plotting to bomb President Robert Mugabe’s dairy firm in Mazowe.

The PG appeared before Harare Provincial magistrate, Vakai Douglas Chikwekwe, who released him on $1000 bail.

In a statement Wednesday, ZLHR said government should not poke its nose into the justice delivery system.

“It (government interference) has the additional chilling effect on members of the legal profession of forcing them to act arbitrarily out of fear of the consequences of their actions and decisions, rather than encouraging professionalism, respect for the law, and compliance with their mandate as officers of the court to all people, equally,” said ZLHR.

Although Tomana has been accused of “persecuting” rights lawyers who include ZLHR board chairperson Beatrice Mtetwa on allegations of obstructing the course of justice, ZLHR said what government did, in his case, was unconstitutional.

“Where such powers have been exceeded in the past, the Prosecutor General has been called to order by the courts through civil – and not criminal – litigation,” the organization said.

“Arresting and detaining the head of an independent prosecutorial authority purportedly due to disagreements on how he has decided to prosecute a matter is not correct; neither is it in any way acceptable.

“Such behaviour is a direct assault on the Office of the Prosecutor General and the independence of the NPA as an institution. It is an attack on the justice delivery system and the Constitution.”