Former Attorney General, Johannes Tomana.
TEN months after it became vacant, government is yet to fill the position of Attorney General (AG) as authorities drag their feet over the appointment. The position was previously held by Johannes Tomana, who is now the Prosecutor-General. Tomana was appointed the Prosecutor-General by President Robert Mugabe in November last year and heads the National Prosecuting Authority (NPA), established in line with the new Constitution, adopted in March last year.
The NPA operates independently of the AG’s Office and is tasked with primarily prosecuting criminal offences, while the AG is the chief legal adviser to government. The absence of an AG, legal experts postulate, creates a vacuum in the functioning of the justice delivery system in the country.
Fortune Chasi, the Deputy Minister of Justice, Legal and Parliamentary Affairs told the Financial Gazette that there was no specific date on when a new appointment would be made for the vacant AG post. “I cannot give you specific dates on when the appointment will be made, but this is something that we are actively seized with and we are going through the necessary processes and procedures,” Chasi said.
Chasi downplayed the impact of the government operating without an AG for nearly a year saying the AG’s Office had capable deputies who are carrying out the required tasks and workload until a suitable candidate had been identified. “We have able individuals who are deputies and are carrying out the necessary duties at the moment while we wait for the appointment of the AG,” said Chasi.
He, however, would not be drawn into naming prospective candidates for the position. “I am not at liberty to disclose the names of the potential candidates as this would prejudice the entire process,” Chasi said. According to the laws of the land, the office of the AG is created by section 76 of the Constitution, which provides, inter alia, that the AG is appointed by the President after consultation with the Judicial Services Commission (section 76(2)) and is a non-voting member of the Cabinet and of Parliament (section 76 (3b).
The main responsibilities of the AG include the power to order investigations of either criminal or other alleged offences. The AG also has powers to take over, continue or discontinue prosecutions commenced either by him or by other persons. The AG post has been a source of conflict in the past, with the opposition Movement for Democratic Change led by Morgan Tsvangirai red-flagging the appointments made by President Robert Mugabe for their partisan links. Past AGs include Tomana, Sobuza Gula-Ndebele and Patrick Chinamasa, the current Finance Minister who all had strong links to the ruling party. — Staff Reporter
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