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Tomana faces tribunal

THE Judiciary Service Commission (JSC) has written to President Robert Mugabe requesting him to set up a tribunal to investigate Prosecutor General (PG), Johannes Tomana, who is set to defend himself against a myriad of allegations following his recent arrest on charges of obstructing course of justice and criminal abuse of office.


Tomana was arrested on February 1 and charged with consenting to the removal from remand of Solomon Makumbe and Silas Pfupa, who had been arrested for attempting to bomb President Robert Mugabe’s dairy in Mazowe.


Highly placed sources revealed Tomana, who holds the same position as a judge, would appear before a tribunal in line with section 187 (3) of the Constitution.

The section reads: “If the Judiciary Service Commission advises the President that the question of removing any judge, including the Chief Justice, from office ought to be investigated, the President must appoint a tribunal to inquire into the matter.”
A highly placed source in the JSC revealed: “He (Tomana) was served with papers to show cause why section 187 (3) should not be evoked and I understand his 10-day period to respond expired this week and any time from now a tribunal will be set up for him to answer the charges.”

Tomana has to justify his refusal to prosecute former Telecel boss Jane Mutasa who was accused of swindling the mobile operator over a million United States dollars as well as his refusal to prosecute Bikita West legislator Munyaradzi Kereke on charges of rape.

He will also be questioned over his concession to the release from jail of convicted former Zupco chief executive officer Charles Nherera and the contempt of court charges for which he was convicted by the ConCourt as well as the current criminal abuse of office charges.

Contacted for comment, Deputy Prosecutor-General, Florence Ziyambi professed ignorance of the impending tribunal against her boss saying: “I do not know what you are talking about”.
“My office does not deal with tribunals of the Prosecutor-General or judges, that can only be done with the Judiciary Service Commission as provided for by the Constitution,” she said.
Deputy JSC Secretary Walter Chikwanha also confessed ignorance of the development saying he was not in the picture.

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