News:Tomana Argues He Is Not Guilty Of Any Misconduct

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<vote /> Suspended Prosecutor-General (PG) Johannes Tomana says his conduct as then Attorney-General cannot be the basis for an inquiry into his suitability to hold office as the PG. He also argued that he was not guilty of any misconduct.

In his defense Tomana said,

There has also been no misconduct committed by him let alone what could be described as gross. If any cause should exist for a view different to the one he held to be entertained, that could scarcely constitute gross misconduct.

Tomana is facing eight counts of criminal abuse of office at the magistrates’ courts. The same charges are being used to question his exercise of prosecutorial functions.

In his defence, he seeks to rely on Section 69 of the Constitution of Zimbabwe, which provides that every person “is entitled to a fair hearing within a reasonable period of time”.

Part of the defense reads,

The fact that the raising of these charges implicates breach of the fair trial guarantee renders the inquiry into these matters unconstitutional and therefore invalid. The tribunal should hold that it has lost the constitutional mandate to inquire into these stale and prescribed claims. It is further asserted that the tribunal’s right to proceed is prescribed.

Read More: The Chronicle, The Herald


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