Statement on Tomana’s behaviour

The MDC commends the Constitutional Court for standing on the side of the common people by robustly fulfilling its constitutional duty to enforce the Constitution and defend the rule of law by slapping the Prosecutor General Johannes Tomana with a jail term for contempt of court for abusing his office to corruptly protect a suspected fraudster and child rapist.

The Prosecutor General, Johannes Tomana

The Prosecutor General, Johannes Tomana

The MDC salutes Zimbabwe Lawyers for Human Rights for  continuing  to stand tall for the people.

The MDC is vindicated as it has long declared the Prosecutor General unfit for office for his openly declared political partisanship to ZANU PF. Now he continues to work his hardest to demonstrate that he is utterly unfit for the crucial post. First it was the abomination of supporting child marriage when he should be prosecuting offenders in terms of Section 3 of The Domestic Violence Act (Chapter 5:16) that he is evidently ignorant of. Next was  his warped view of his powers and independence as Prosecutor General, of believing that he is higher than the law and the courts  and is the last word in prosecution, and even throwing his weight like a bull in a china shop to intimidate his justified critics for the delusional ‘offence’ of undermining the authority his office.

The MDC is appalled by the collusion between the Executive and the hapless and dangerous Prosecutor General in subverting the legislative process to amend the Criminal Procedure and Evidence Act so that it sanitizes and forestalls his defiance of and hence contempt of the High Court. The MDC’s efforts to resist that nefarious anti-people amendment  were thwarted by that unholy alliance.

We are encouraged, however, that the Constitutional Court ruling has given a new lease of life to access to criminal justice for ordinary people who the Prosecutor General is not connected to. The recent amendment to bar private prosecutions by individuals and companies  nowneeds to be knocked down by the courts as unconstitutional as soon as it is assented to.

The Prosecutor General’s persistently corrupt behavior is not only an insult to the national interest, but puts the office of the Prosecutor General into gross disrepute, and is an utter a disgrace to the legal profession. He is wholly unfit for purpose, in fact he does not know the purpose of his office i.e. to protect the public from criminals.  The MDC recommends that the Prosecutor General only needs to read the heading of  Chapter 13 of the Constitution that establishes his office as an ‘Institution(s) to Combat Corruption and Crime’.

The MDC is alarmed  that he instead combats the public’s aspirations for a crime and corruption-free society, and  acts instead as the offender general and chief criminal protector, posing the biggest ever danger to the public.  He is appallingly ignorant and uncomprehending  of the letter and spirit of the Constitution particularly the founding value of good governance  which entails ‘respect for the people of Zimbabwe for whom the authority to govern is derived’ as per section 3(2)(f)

The MDC is perturbed that that Prosecutor General is a hazard to the national interest and Zimbabwean society. The MDC therefore calls upon the Prosecutor General to resign before he does any more harm.

If he does not do so the MDC demands, as the only way of saving the  tax paying public from his  paedophillic and cleptocratphilliac prosecuting policy, that the President now  appoints a tribunal to investigate the question of his  necessary removal from office in terms of section 187(2) as read with section 258(7) of the Constitution. To save the public, Tomana must go!

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