Auxilia Katongomara, Chronicle Reporter
THE Judicial Service Commission has asked the public to nominate candidates to replace fired former Prosecutor General Mr Johannes Tomana.
Mr Tomana was fired last week for misconduct and incompetence after a tribunal set by President Mugabe to probe him recommended his dismissal.
The JSC, in advertisement yesterday, said applications for the post were open until July 14.
“The Judicial Service Commission announces that a vacancy of Prosecutor General of the Republic of Zimbabwe has arisen. It is necessary to appoint a
Prosecutor General for the Republic of Zimbabwe,” reads the advertisement.
It said in terms of Section 180 (2) of the Constitution of Zimbabwe, members of the public are invited to nominate suitably qualified persons to fill the position.
The JSC stated that according to section 259 (4) of the Constitution of Zimbabwe, the Prosecutor General must be qualified to be appointed as a judge of the Supreme Court.
“Section 178 of the Constitution provides that a person is qualified for appointment as a judge of the Supreme if he or she is a Zimbabwean citizen and at least 40 years old and in addition, is or has been a judge of a court with unlimited jurisdiction in civil or criminal matters in a country in which the common law is Roman-Dutch or English and English is an officially recognised language,” said the JSC.
It said the candidate must have qualified to practice as a legal practitioner in Zimbabwe or in a country where Roman Dutch or English law is practiced.
The JSC said members of the public can nominate candidates by obtaining nomination forms from its offices, the offices of the Provincial magistrates and from their website.
Mr Tomana’s firing was announced in a General Notice 292 of 2017 published in the Government Gazette by the Secretary for Justice, Legal and Parliamentary Affairs Mrs Virginia Mabhiza.
Mrs Mabhiza said President Mugabe had acted on the tribunal’s recommendations.
The decision by the President came after a disciplinary tribunal chaired by Retired High Court judge Justice Moses Chinhengo found Mr Tomana unfit to continue holding the esteemed office.
Other members of the tribunal were University of Zimbabwe law lecturer Mr Emmanuel Magade and lawyer Ms Melania Matshiya.
The tribunal heard and determined a litany of allegations against Mr Tomana, chief among them being flagrant defiance of legitimate court orders.
The tribunal found him guilty before recommending his removal from office.
Mr Tomana has since been indicted for criminal trial at the High Court where he faces a number of criminal abuse of office charges.
He now awaits trial. — @AuxiliaK