ZIMBABWE has gone for more than a year without a substantive Prosecutor-General following the unceremonious departure of Kumbirai Hodzi in February last year after a four-year stint.
Following Hodzi’s forced exit amid allegations of gross incompetence and sleaze, Nelson Mutsonziwa was roped in as acting Prosecutor-General.
Hodzi was appointed Prosecutor-General under controversial circumstances in January 2019 after President Emmerson Mnangagwa reportedly refused to endorse recommendations by the Judicial Service Commission (JSC) on two occasions.
According to reports last year, Hodzi was, however, reportedly hounded out of office by the Office of the President and Cabinet (OPC) and senior officials from the Justice ministry.
This followed the submission of a dossier accusing him of corruption and incompetence, which reportedly resulted in him suffering two strokes after developing serious mental health complications.
The OPC also announced that Hodzi resigned due to ill health, but did not give details.
It, however, then emerged that Hodzi had been under immense pressure since December 2021, when the dossier, containing information obtained from his subordinates in the National Prosecuting Authority (NPA), the JSC and lawyers, accused him of gross incompetence and sleaze.
According to the Constitution (2013), the JSC should spearhead the selection of a substantive Prosecutor-General before recommending three names to Mnangagwa.
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However, in terms of recently-effected legal amendments, Mnangagwa enjoys the discretion to appoint the Prosecutor-General, having obliterated a constitutional clause which necessitated the holding of public interviews.
Contacted for comment yesterday, presidential spokesperson George Charamba told NewsDay that Mnangagwa would not appoint a substantive Prosecutor-General any time soon.
“President Mnangagwa does not want to appoint the PG yet,” Charamba curtly said.
Justice, Legal and Parliamentary Affairs minister Ziyambi Ziyambi had earlier told NewsDay that according to the constitutional amendment, Mnangagwa has the sole responsibility of appointing the Prosecutor-General.
“It’s now the sole responsibility of the President to appoint the PG. According to the 2013 Constitution, the Judicial Service Commission would conduct public interviews and forward the names to the President but since the Amendment No. 2, now the President appoints,” Ziyambi said.
Harare lawyer Kimpton Gukwe yesterday said Mnangagwa’s failure to appoint a substantive Prosecutor-General had created a hole in the justice delivery system.
“Mnangagwa’s failure to appoint a Prosecutor-General undermines the rule of law and promotes a culture of impunity, which can have significant consequences for Zimbabwe’s democracy,” he said.
“As is apparent, constitutionalism and democratic principles are in decline in Zimbabwe.”
Law commentator Romeo Chasara said: “Constitutionally, Mnangagwa is mandated to appoint a substantive Prosecutor-General and, therefore, it can be regarded as a matter of disregarding the supreme law of the land.”
Chasara said Mnangagwa’s failure to appoint a substantive Prosecutor-General had the net effect of eroding the efficacy of the judicial system in that who-so-ever is acting may not command the same standing as a substantive.
