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Auxilia Katongomara Chronicle Reporter
PROSECUTOR-General Johannes Tomana says police officers who are hired by the National Prosecuting Authority as prosecutors are competent and adequately trained to execute their duties in the delivery of justice. In an exclusive interview on Wednesday, Tomana said police prosecutors accounted for 40 percent of the prosecutors in the country and are there to stay.

“Police prosecutors are actually trained to prosecute. If you go backwards they were the only prosecutors that we had until a time when we were now able to employ degree holders to join police prosecutors.

They have been prosecuting and sending people to jail. They can prosecute,” he said.

Tomana said police prosecutors were very competent and hardworking and the country’s justice delivery system would be poorer without them.

“For me it’s not an issue because we have not failed to discharge our mandate because the police prosecutors are working with us. Actually they are adding value.

By the way 40 percent of our establishment is occupied by police prosecutors and government is at the moment not quite able to employ new people at those levels,” said Tomana.

The attorney-general said firing the police prosecutors would negatively affect the delivery of justice.

“What would happen today if we say no to police prosecutors? It means people in Mwenezi will not be covered.

The constitutional rights that say if a person is arrested they must be dealt with within 48 hours would be greatly affected.

This constitution is giving rights, we have infrastructure to uphold those rights and we have police prosecutors who are doing a great job,” said Tomana.

Earlier this year, Chief Justice Godfrey Chidyausiku took the National Prosecuting Authority (NPA) to task when he asked the authority to explain the rationale behind employing members of the Zimbabwe Republic Police as prosecutors.

This inquiry by the Chief Justice Chidyausiku followed an application filed in the Constitutional Court by the Zimbabwe Law Officers’ Association (Ziloa) questioning the constitutionality of hiring police officers as prosecutors in the courts at the expense of employing civilians.

In the application, the NPA, Tomana, Justice, Legal and Parliamentary Affairs Minister, Emmerson Mnangagwa and police commissioner-general Augustine Chihuri were cited as respondents.

“Why do you want the police to do your job, when you don’t do their job?” Chief Justice Chidyausiku asked.

“We cherish our independence. We don’t want the police to be magistrates. Give me one advantage of using a police prosecutor as opposed to a civilian prosecutor.

“In principle, I don’t see the reason why the prosecutor-general would want his job done by the police.”

Chief Justice Chidyausiku said it was difficult to maintain fairness, considering allegations that police officers routinely beat up suspects.

During the hearing, prosecutor Sharon Fero from the prosecutor-general’s office claimed police prosecutors did not in any way militate against justice delivery.

But Chief Justice Chidyausiku asked if their presence as prosecutors was not going to compromise the justice delivery system, especially if they are to receive instructions from their seniors, who determine their promotions.

Fero said once they are under the prosecutor-general’s office, they would only take instructions from him.