Majome questions if Tomana is a public offender or protector

Harare West MP Jessie Majome has questioned if the Prosecutor General Johannes Tomana was a protector of public offenders following his remarks that the twelve year old girl child should be asked if she is prepared for marriage or not indicating that such a child has a right to choice of life and not imposition of issues.

"Public protector or public offender?" ashed Majome.

"If Prosecutor General Tomana said this he must go! It would mean he either hasn't yet read, or doesn't understand or respect Section  2 of the Constitution - its supremacy, Chapter 1 - founding values and principles of human rights including children's rights, Section 81 on the rights of children and their best interests ie under 18s, section 54 on equality & non discrimination.

The net effect of all these provisions is to repeal section 2 of the Children's Act's definition of child from under 16s to become all under 18s, and repealing the notion of a 'young person' (ie between 16 and 18 who could 'consent' to sex) and therefore repeal sec 70 of the Criminal Code ie sex with a young person."

She said this means everyone who has sex with an under 18 girl is guilty of rape.

"The PG is offside again! Recently he actually did the unthinkable act of filing an application in the Constitutional Court for an order to protect people he would have declined to prosecute, from private prosecution. Whose side is he on?
Not fit for that office if you ask me," said Majome.

Tomana last week said the 12 year girl child is able to chose what she wants on issue of sex and marriage.