Advocate Ray Goba resigns

SUSPENDED Prosecutor General Advocate Ray Goba who was set to appear before a tribunal to ascertain whether he was still fit to continue as the country's top prosecutor, has resigned.

Adv Goba tendered his resignation letter yesterday.

Justice and Parliamentary Affairs permanent secretary, Mrs Virginia Mabhiza confirmed the development but referred all questions to the Chief Secretary to the President and Cabinet Misheck Sibanda who was not immediately available for comment.

Sources said Adv Goba tendered his resignation to the Chief Secretary yesterday.

Adv Goba was facing charges of failing to prosecute high profile corruption cases forwarded to his office by investigating agencies, sneaking out of the country without Cabinet authority, entering Namibia despite being a prohibited immigrant in that country and using abusive language as well as insulting lawyers. The PG's suspension followed recommendations made by the Judicial Services Commission (JSC) to the President to set up a tribunal to investigate him for alleged misconduct.

Adv Goba was suspended from office in terms of Section 187 (10) of the Constitution.

"Please be advised that by virtue of provisions of Section 259 (7) as read with Section 187 (3) of the Constitution, His Excellency the President has appointed a tribunal to inquire into the question of removing you from office of Prosecutor General," read the suspension letter.

"Accordingly you are suspended from office with immediate effect in terms of section 187(10) of the Constitution until the President on the recommendation of the tribunal either revokes the suspension or removes you from the office of the Prosecutor General."

The JSC during its Extraordinary General Meeting held on July 12, noted that the allegations against Advocate Goba necessitated the need to have an inquiry into his suitability to continue holding the office of Prosecutor General.

Adv Goba is alleged to have on more than one occasion travelled out of Zimbabwe to Namibia without obtaining the necessary Government approval.

He also on more than one occasion allegedly entered Namibia despite him being a prohibited immigrant in that country.

Adv Goba was also alleged to have violated his constitutional obligation by refusing to prosecute corruption related cases initiated by investigating agencies. He is alleged to have given various excuses for failing to prosecute the cases. Among the high profile corruption cases Advocate Goba was alleged to have refused to prosecute is that of former Higher Education Deputy Minister, Dr Godfrey Gandawa and that of former Home Affairs and Finance Minister, Ignatius Chombo.

The dockets of the two accused are among many that were completed long back according to sources.

Adv Goba was declared a prohibited immigrant in 2011 while working in Namibia as Deputy Prosecutor-General and legal services director in case number A118/2011 but was allegedly travelling to that country without Cabinet Authority. The PG was also accused of putting his office into disrepute by trading insults with lawyers and there are claims that he allegedly insulted Prophet Walter Magaya's lawyer Mr Nyikadzino Simango.

President Mnangagwa appointed a three-member tribunal to establish whether or not suspended Prosecutor-General Adv Ray Goba is still fit to continue as the country's prosecution boss.  The tribunal that was to be chaired by retired High Court judge Justice November Mtshiya, also had Advocate Takawira Nzombe and another lawyer Ms Wendy Chingeya.