Editorial Comment: Johannes Tomana must stop digging Mr Tomana

THE Prosecutor-General as the name posits is the top prosecutor in Zimbabwe, and as with all prosecutors he has to conduct his business in the court of law not court of public opinion.

The court of public opinion is populated by ordinary people who are not trained in the letter and spirit of the law as such there are no rules of engagement and mud is also galore.

The job of a prosecutor general, as Mr Tomana — the incumbent prosecutor-general — put it soon after he was sworn in by President Mugabe on November 13 2014 is very simple, or should be simple; to prosecute or not to prosecute and why.

His arena should be the Court.

A prosecutor-general has no business trying to explain the law outside the court that is not his function.

His arena is the courtroom, and only to the extent of interpreting the law.

The courtroom has set rules of engagement and there is usually a referee who sees to it that the rules are adhered to in the form of a judge or a magistrate.

The Minister of Justice or the Attorney-General, who both sit in Parliament, can explain the law outside Parliament if need be.

If the Prosecutor-General explains the law in the courtroom, he is protected and untouchable but outside the court he is fair game. This is why we do not hear judges expressing their personal opinions.

There silence does not mean they have no opinions, they have but they know their jurisdiction.

A lesson Mr Tomana needs to learn and learn fast.

Mr Tomana may be a victim of novelty. The PG position is new in this country coming as it did after the adoption of the new Constitution, as such Mr Tomana may be confusing his previous post of Attorney-General with his new post of PG.

Before assuming his new office, Mr Tomana basically played the dual roles of PG and Attorney-General which is why he could explain the law outside the court or parliament.

His new role of PG does not give him that latitude; it now vests in his successor, Advocate Prince Machaya.

In the court of public opinion there is mud.

When there is a problem interpreting the law, the people who answer or explain in Parliament are the Minister of Justice or the AG.

We hope Mr Tomana stands guided accordingly.

Our advice to him is when in a hole, stop digging.

He has no business continuing fielding questions on such a sensitive issue.

You Might Also Like

Comments

Take our Survey

We value your opinion! Take a moment to complete our survey