Ray Goba named new Prose­cu­tor Gen­eral

Chronicle (Zimbabwe) - - Front Page - Tendai Mu­gabe

PRESIDENT Mu­gabe has ap­pointed Ad­vo­cate Ray Hamil­ton Goba sub­stan­tive Prose­cu­tor Gen­eral fol­low­ing the dis­missal of Mr Jo­hannes To­mana on ac­count of gross in­com­pe­tence and mis­con­duct.

Adv Goba took part in the pub­lic in­ter­views con­ducted by the Ju­di­cial Ser­vices Com­mis­sion to se­lect a sub­stan­tive PG last month.

Af­ter the in­ter­views, JSC in terms of the Con­sti­tu­tion, sub­mit­ted the names of the best three to President Mu­gabe for fi­nal ap­point­ment.

Seven can­di­dates who in­clude Messrs Charles Chinyama, Misheck Hogwe, Wil­son Ta­tenda Manase, Peter Mu­funda, Ms Teclar Mapota and Mrs Florence Ziyambi, were vy­ing for the top post.

One can­di­date Mr Ja­cob Manzunzu with­drew from the race.

In an ex­tra-or­di­nary Govern­ment Gazette Gen­eral No­tice 493 of 2017 pub­lished yes­ter­day, the Chief Sec­re­tary to the President and Cabi­net Dr Misheck Sibanda said: “It is hereby no­ti­fied that His Ex­cel­lency, the President of the Repub­lic of Zim­babwe, has ap­pointed Ray Hamil­ton Goba as the Prose­cu­tor Gen­eral with im­me­di­ate ef­fect.”

Adv Goba was the act­ing PG since the sus­pen­sion of Mr To­mana in July last year.

The de­ci­sion by President Mu­gabe comes af­ter a dis­ci­plinary tri­bunal chaired by Re­tired High Court judge Jus­tice Moses Chin­hengo found Mr To­mana un­fit and no longer proper to con­tinue hold­ing the es­teemed of­fice.

Other mem­bers of the tri­bunal were Univer­sity of Zim­babwe law lec­turer Mr Em­manuel Ma­gade and lawyer Ms Me­la­nia Mat­shiya.

Mr To­mana was last year sus­pended to al­low the tri­bunal to hear and de­ter­mine a slew of al­le­ga­tions lev­elled against him, chief among them, de­fy­ing court or­ders.

The tri­bunal found Mr To­mana guilty and rec­om­mended his re­moval from of­fice.

The tri­bunal com­pleted hear­ing ev­i­dence on Fe­bru­ary 8 this year.

Dur­ing the hear­ing, 23 wit­nesses tes­ti­fied.

Among the wit­nesses were Deputy Prose­cu­torGen­eral Mrs Florence Ziyambi, se­nior pros­e­cu­tors in the Prose­cu­tor-Gen­eral’s Of­fice and oth­ers who have left Govern­ment ser­vice for pri­vate prac­tice.

The tri­bunal sought to in­quire into Mr To­mana’s con­duct with re­spect to court or­ders is­sued by the High Court and Supreme Court in cases pit­ting Mr Fran­cis Maramwidze ver­sus Com­mis­sioner-Gen­eral of the Zim­babwe Repub­lic Po­lice and an­other; Tele­cel Zim­babwe (Pvt) Ltd ver­sus At­tor­ney-Gen­eral; and Pro­fes­sor Charles Muchemwa Nher­era ver­sus Jayesh Shah.

In the Maramwidze case, Mr To­mana was ac­cused of re­fus­ing or fail­ing to is­sue him with a cer­tifi­cate for pri­vate pros­e­cu­tion as or­dered by the High Court on May 14, 2014 in a rape case in­volv­ing jailed for­mer Re­serve Bank of Zim­babwe of­fi­cial Mun­yaradzi Kereke.

The tri­bunal also sought to es­tab­lish whether or not Mr To­mana was in con­tempt of court and in vi­o­la­tion of the oath of of­fice and the Con­sti­tu­tion by re­fus­ing or fail­ing to obey the court or­ders.

Mr To­mana has since been in­dicted for crim­i­nal trial at the High Court where he faces a num­ber of crim­i­nal abuse of of­fice charges. He now awaits trial.

Re­cently, Mr To­mana had his house­hold prop­erty at­tached over fail­ure to pay le­gal costs that ac­crued in sev­eral court cases in which he un­suc­cess­fully sued the Ju­di­cial Ser­vice Com­mis­sion in ef­forts to block the set­ting up of the tri­bunal to de­ter­mine his suit­abil­ity or oth­er­wise to con­tinue in the of­fice of the Prose­cu­tor Gen­eral.

Mr To­mana’s pre­de­ces­sor Mr Sobusa Gula-Nde­bele was also re­moved from the then At­tor­ney-Gen­eral’s of­fice fol­low­ing rec­om­men­da­tions of a tri­bunal.

President Mu­gabe in May 2008 fired Mr Gu­laNde­bele af­ter a tri­bunal found him guilty of fail­ing to prop­erly dis­charge his du­ties.

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