Daniel Nemukuyu, Harare Bureau
GOVERNMENT has repealed General Notice 642 of 2017 that temporarily rendered Prosecutor-General Advocate Ray Goba jobless, a development that officially endorses him as the legitimate constitutional appointee for the esteemed office.
The repealing of the notice was done in compliance of a High Court order issued by Justice Priscilla Chigumba last week.
Former President Cde Robert Mugabe initially singled out Adv Goba as the best candidate for the office from a list of three and appointed him substantive PG in September this year.
Barely a month after the appointment, Cde Mugabe, without giving any reasons, made a U-turn and issued General Notice 642 of 2017, rescinding the appointment.
The matter spilled into the High Court with the Zimbabwe Lawyers for Human Rights fighting in Adv Goba’s corner.
Justice Chigumba last week ordered the setting aside of the former president’s decision saying he had acted unconstitutionally.
On Wednesday, the Chief Secretary to the President and Cabinet Dr Misheck Sibanda announced the repeal of the earlier decision through General Notice 654 of 2017 published in an Extraordinary Gazette.
The notice reads:“It is hereby notified that, to the judgment in the case of Zimbabwe Lawyers for Human Rights Versus Mugabe (in official capacity) and Others (HC10-49917), the captioned general notice that was published in the Gazette Extraordinary on the 27th October, 2017, is repealed.”
The repeal of the notice closed the door to a list of aspiring PG’s whose names had been nominated for fresh public interviews.
Adv Goba, who had been ordered out of office during Cde Mugabe’s tenure, has since resumed duty following the High Court order.
In the court judgment, the Judicial Service Commission (JSC) was interdicted from conducting fresh public interviews to select Adv Goba’s replacement.
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.
The court said Adv Goba remained a constitutional appointee whether he was sworn in or not.