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Tomana court order’s validity challenged

Fidelis Munyoro Chief Court Reporter
A Harare man has filed a constitutional application challenging the validity of contempt of court order issued against Prosecutor-General Mr Johannes Tomana for refusing to issue certificates for private prosecution of Bikita West legislator Munyaradzi Kereke and Telecel shareholder Jane Mutasa. Mr Rooney Kanyama listed Justice, Legal and Parliamentary Affairs Minister Emmerson Mnangagwa and the Prosecutor-General himself as respondents in the matter filed in the Constitutional Court on Thursday last week.

Mr Kanyama contends that the court order of October 28 last year was invalid and unconstitutional for several reasons he outlined in his nine-page founding affidavit.

Mr Kanyama argues that the court was improperly constituted when it heard and granted the order as the Deputy Chief Justice did not sit in on the day in question. Mr Kanyama also argued that applications for committal for contempt of court as a way of executing judgments can only be made before the High Court.

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