Beatrice Mtetwa, who is representing four senior members of the Zimbabwe National Liberation War Veterans Association (ZNLWVA) on trial for undermining the authority of President Robert Mugabe, said that acting Prosecutor General (PG), Ray Goba, has no power to authorise prosecutions in the country.
Goba was appointed acting PG by President Robert Mugabe on July 8 following the suspension of Johannes Tomana who is facing several counts of criminal abuse of office and could lose his job should a tribunal set up to investigate him recommends so. Mtetwa said Goba’s appointment was unconstitutional because there is no provision for an acting PG in the national charter.
Mtetwa said Goba could not initiate prosecutions since his appointment was unconstitutional,
I have been handed the prosecuting certificate here singed by someone calling himself acting prosecutor general. Neither the Constitution nor the National Prosecution Act provides for the position of an acting prosecutor general. So there is no proper certification authorising the prosecution, your worship.
She went on to say that the appointment of Goba was unconstitutional,
His appointment was unconstitutional because it did not follow the procedure of the appointment of a judge as required by section 259 of the Constitution.
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