Tomana wants foreign judge

Mr Tomana

Mr Tomana

Daniel Nemukuyu Senior Court Reporter
Prosecutor-General Mr Johannes Tomana, who is locked up in a legal battle with the Judicial Service Commission (JSC), has requested a judge from outside Zimbabwe or a retired one to preside over his urgent chamber application to stop proceedings leading to his possible removal from office.

Mr Tomana was recently served with letters from JSC seeking his views on his suitability to hold the office of the PG considering his defiance of two court orders.

Letters from JSC are steps towards instituting a disciplinary tribunal to determine Mr Tomana’s suitability to continue in the esteemed office.

Mr Tomana, through his lawyers Mambosasa Legal Practitioners, filed an urgent chamber application at the High Court last Thursday seeking to bar JSC from instituting any disciplinary proceedings against him.

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Before the hearing time of the urgent chamber application, Mr Tomana’s lawyers wrote to the High Court requesting the court to first consider the issue of bringing in a foreign based judge or any other local judge who is not currently in service.

Mr Tomana argues that since he was objecting to the letter written by Chief Justice Godfrey Chidyausiku, his subordinates at the High Court were not the best judges to deal with the urgent chamber application.

In the letter to High Court judge Justice Lavender Makoni, Mr Tomana’s lawyers said a judge who is not serving in Zimbabwe can best handle the matter.

“It has consequently become imperative that this matter be dealt with by a judge who is not presently sitting in the High Court of Zimbabwe.

“The Constitution of Zimbabwe allows for the appointment of an acting judge. Precedent also shows that in related matters, judges have been appointed from outside the jurisdiction,” the lawyers said.

The lawyers said Mr Tomana will not get any justice if a judge serving at the High Court of Zimbabwe hears the application.

“We take the very strong view that arguing before you in light of this background would be an abdication of our duty both to the court and to our client,” the letter read.

Justice Makoni postponed the hearing of the matter to next week.

Mr Tomana will depose an affidavit stating his basis for the request of an outside judge while Mr Addington Chinake, on behalf of the Judicial Service Commission, will file a response to that.

In the letter, Mr Tomana cited the decision by the Chief Justice to dismiss a constitutional application by a Harare man Mr Rooney Kanyama without hearing him in court.

According to the lawyers, the throwing away of Mr Kanyama’s challenge was deliberate way of weakening Mr Tomana’s pending urgent chamber application.

They said the Chief Justice, who turned down the application by Mr Kanyama, was the judiciary boss and his juniors (High Court judges) were likely to be compromised in dealing with the urgent chamber application.

The Judicial Service Commission bosses, who authored the contested letter to Mr Tomana and are party to the proceedings in the High Court, and the High Court judge will be put in a difficult position handling the urgent application.

“It has become clear that contrary to all acceptable standards, the application by Mr Kanyama was placed before a judge of the Constitutional Court when it was less than a day old.

“An ambiguous remark has been given without jurisdiction.

“You will notice that the actions of the very same officials involved in the generation of this objectionable letter are also at the core of this application before you.

“It does not help matters that for all intents and purposes the very same officials are the superiors of all judges of the High Court which regrettably Judge, also includes yourself.

“The developments put you on a direct collision course with your superiors. Alternatively, it ties your hands at the instance of your superiors who are party to the matter before you,” reads the letter.

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  • Chief @Traditional Tribunal

    So the PG Mr Tomana has lost faith in the Judges of this land? Isn’t this a mockery to the Judiciary services of Zimbabwe? Does this imply that citizens can request the services of a foreign Magistrate; Judge or Prosecutor for that matter?? Given this absurd request by Mr Tomana; it is in his best interest and on professional grounds that he ought to honourably resign!!

  • Judas Iscariot

    Who is going to pay for the services of a foreign judge? Morgan Richard Tsvangirai,would love to have foreign judges, rather than argue his cases,before judges,who were appointed, by the same system he is trying to fight. Tomana has been part of the system,he needs to shut up.

    • Observer

      It seems many prominent people aee being forced to see that the view is different from the other side.

    • Cde Mzvinavhu(Prof)

      You are spot on ! Why should Tomana question the system he has breathed like oxygen over the years ! Its like the People First leader trying to un-justify ZANU PF rule which she was wearing and protecting religiously since 1980!

      • Telescope

        sometimes the best way to solve a problem is to stop participating in the problem.

  • Muzila Wemba

    Gunguwo nhasi ndiwe une dura hupenyu hwako huri papi ndiudzewo Muzukuru’ quoting from Oliver Mutukudzi or zvaiwana ngwarati kudya irere.

  • Chief Legal Adviser

    Tomana should face the justice that he has believed to be in the our Judiciary system over the years. Did his subordinates refuse to prosecute him in fear of his authority assuming he is found not guilty? He must just defend himself constitutionally as he has argued ab initio! He is not above local Judiciary jurisdiction? He wants Justice Gubbay? Or Hilary Squires an ex Rhodesian judge to preside over his case! Cui bono? My foot!

  • Butholezwe

    There’s a potentially excellent SADC Tribunal in which Zimbabwe is already a partner, and has highly qualified impartial judges available. Recently VP Mnangagwa and Chief Justice Chidyausika participated in a Southern African Chief Justices Forum conference hosted in Victoria Falls, whose theme was “Guaranteeing the right to a fair trial in Africa: Showcasing best Practices.”, where more than 100 judges from the SADC and East African region were involved.
    This would be a great opportunity for Zimbabwe to walk the talk and showcase its respect for its Constitution and Laws. VP Mnangagwa and the JSC must not hesitate to show the world they have nothing to fear or hide, and invite participation of an external learned judge to prove the nation upholds the highest world standards of justice?

    • uth maitano

      tomana pamberi nemajudge emuno Inga vanotonga vamwe wani.whats special about you.

  • Tsunami

    Tongwai nevemuno vaTomana vekunze siyanai navo majudge

  • His chickens have come home to roost

  • Dr Newton Galileo Einsten

    A country with literacy levels , an envy of many, which is testimony of competency cannot now seek same from outside. Unless its transparency he is seeking now , if that is the case then some people are in deed more equal than others. Themselves the custodians of the justice system they now rubbish, seeking justice from elsewhere! In a country where an estimated 4.6million adults , assuming each adult needs minimum 5kg of maize per month, the government requires around 300tonnes to mitigate the effects of drought, its unreasonable to want to spend scarce resources . And all this to protect one soul!! I repeat Mutsvangwa’s assertion that all systems in Zim are ISO certified, the justice system included.

  • Cde Mzvinavhu(Prof)

    Incidentally , I am currently reading the book by O.O. But his narrative was on neo colonial rule , which ZANU PF is fighting.

  • clement moyo

    No Mr Tomana you are wrong – proper justice has no problem with protocol not at all – what is wrong is wrong and what is right is right, if the law says so. The Tomana-Zanu PF way of letting people get away with murder simply because they are Zanu PF members is unheard of in a proper justice system, grow up and answer to your charges although they sound like they are trumped and that should suit you as a Zanu PF member. Kana uchifunga kuti Bennet was guilty and so are you.

  • dhara

    that means he does not trust the system that he was using to prosecute other. too bad for you. you have what is available to you

  • masvukupete

    Bodo kwete ndanga ndisina kuverenga (shona pun kkkkkk).

    Ndangospakwa LOL

  • LOOK and SEE

    lost confidence in JSC by PG mean a lot to us. And allowing Mr PG a Judge means our JSC is not competent enough therefore

  • Collin Mackenzie

    Joyce Mujuru should not think that she is the best thing to have happened in Zimbabwe.
    In fact that lady is the cause of the situation Zimbabwe finds it’s self in today.

    Joyce should be blessed that the president has not acted on her way wood ways.

    We all know how corrupt she is and the protection money’s she has been collecting and the cooking deals.
    She created food shortages for her gain,Same this this prosecutor who now wants to seek an outside judge.

    Today the very same stakeholders and systems they put and held for 36 years are bad because they are out in the cold what rubbish.

    Mujuru People First Is all fake who is funding her First.

  • Hacha Duke of Enkeldoorn

    Herald – please tell our dear PG that Zimbabwe is a sovereign country with a sovereign judiciary that should not be soiled by foreign interference. As PG Tomana is expected to jealously safeguard the territorial – sorry – legal integrity of our judiciary instead of subordinating it to foreign meddling. That is what we fought for during the protracted liberation struggle and have been fighting hard to preserve during the past decade when foreigners tried to effect regime change through interfering with our territorial integrity and economic freedom.