Delays in appointing substantive PG hampering NPA

THE delay in the appointment of a substantive Prosecutor-General (PG) is creating a cloud of uncertainty at the National Prosecuting Authority (NPA), it has emerged.

Highly-placed sources told NewsDay that all was not well at the NPA following what appeared to be delays in appointing a new PG, months after the Judicial Service Commission (JSC) completed the interviewing process and shortlisted three names from which President Emmerson Mnangagwa is expected to choose from.

The delay, insiders say, had taken off steam from Acting PG Kumbirai Hodzi, who is reportedly not on the shortlist currently being considered by the President.

"Hodzi appears to have resigned to fate after he got wind that his name is not among the top three, and he is now not planning for the NPA future, but just appears to be waiting for the new boss to come in," a source said.

Hodzi was sworn in an acting capacity, taking over after Ray Goba, who was forced to resign weeks after Mnangagwa set up a tribunal to investigate his suitability to hold office.

The Law Society of Zimbabwe (LSZ) has raised concern about the delay, saying the post of PG should be quickly filled to allow it to operate independently and for the office bearer to enjoy full protection of the Constitution.

"It is obvious that there is concern when a critical position, protected by the Constitution, is held in an acting capacity for a long time. The decision-making of a person holding office in an acting capacity is not the same as that of a substantive person," LSZ said.

The President does not need to set up a tribunal to investigate the suitability of an acting PG to hold office if he wants him removed from office.

Justice minister Ziyambi Ziyambi, however, said there was nothing that would stop the President from making the appointment when he saw it fit.

"We did all the processes and submitted the three names to the President. I would not know why he has not made the appointment yet or when he will make it. There is no need to put the President under unnecessary pressure, but I know he is seized with the matter and will make the appointment when he is ready," Ziyambi said.

The minister refused to confirm if Hodzi had made the cut for the top three, adding that he had not noticed a change in attitude towards his responsibilities.

"He is a professional and has continued to discharge his duties according to the terms of reference in his appointment. These were not altered by the interviews, and I think it is not true to say his work is being affected," the minister added.

"I will not release the names of the three shortlisted, it is up to the President to make that disclosure or not."