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Ray Goba

Daniel Nemukuyu, Harare Bureau
PROSECUTOR-General Advocate Ray Hemington Goba is now back at his office in compliance with a recent High Court judgment quashing his removal from the esteemed position.

Advocate Goba had been stopped from coming to office amid reports that his offices had been locked up under unclear circumstances.

The order barring Adv Goba from going to work followed the gazetting of General Notice 642/2017, which rescinded his appointment.

Speaking from his office yesterday, Adv Goba said he had already resumed work.

“I can confirm that I am back in office. I have resumed my duties following a High Court order issued last week. I am trying to cope with the work that had been piling in my absence,” said the PG.

Ruling on an application by the Zimbabwe lawyers for Human Rights to nullify the decision by former President Cde Mugabe to rescind Adv Goba’s appointment, Justice Priscila Chigumba said the decision was unconstitutional.

She set aside Government Gazette Extraordinary Notice 642/2017 that rescinded the PG’s appointment.

The judge interdicted the Judicial Service Commission (JSC) from conducting fresh public interviews to select Adv Goba’s replacement.

Advocate Eric Matinenga represented ZLHR in the High Court challenge. Justice Chigumba said Adv Goba’s constitutional rights were trampled upon.

The judge said the former President had no option but to swear Adv Goba into office within reasonable time.

Cde Mugabe, the judge said, had already exercised his discretion to appoint Adv Goba and that he was not entitled to a second bite of the cherry.

The former President, the judge said, was obliged to furnish Adv Goba with reasons for the rescission of his appointment.

It was also the court’s finding that the former head of State had no power to issue the General Notice 642/2017 that had the effect of removing Adv Goba from office.

Whether Adv Goba was sworn in or not, the court said, he remained a constitutional appointee.

Meanwhile, JSC, acting on the instructions from the then President Mugabe, had advertised the PG’s post and invited nominations with a view to conduct fresh public interviews.

The nomination period ended on November 20 this year but the High Court has interdicted the Commission from conducting the public interviews.

Advocate Goba was among the top three candidates after the public interviews held mid this year. JSC forwarded the three names to the then President Mugabe, who appointed Adv Goba.

The former President, a few days later, made a U-turn and gazetted a notice rescinding the appointment without proferring any reasons.

He then directed JSC to conduct fresh interviews.