News / Press Release
PDP condemns abuse of NPA in arresting Tomana
03 Feb 2016 at 13:11hrs | Views
The People's Democratic Party (PDP) notes the arrest of the Prosecutor General (PG), Johannes Tomana on Monday and his appearance at the Harare Magistrates' Courts on charges of abuse of office.
While we are tempted to say the chickens are coming home to roost, we, however, must hasten to add that Tomana, as the head of the National Prosecuting Authority (NPA), should show gratitude to the call by democratic forces in ensuring that the independence of the work of the Prosecutor General was enshrined in the new Constitution.
The people of Zimbabwe have also been against the abuse of section 121 of the Criminal Procedure and Evidence (CPEA). This section, which Tomana has previously abused for his own selfish interests, saved him from being denied bail on Tuesday.
On countless occasions, Tomana became an enthusiastic abuser of the justice delivery system by prosecuting lawyers on false charges of obstructing the course of justice. These are the same charges that he is now being charged with at the criminal courts.
As the PDP, while we hold no brief for Tomana, our view is that the exercise of constitutional discretion by a constitutionally appointed office is not a crime.
Our position is that a review of the decision made by the PG cannot be done through the Gestapo tactics that are being employed by the police in Tomana's case.
We cannot be seen celebrating the abuse of the Constitution by the police, intelligence officers; simply because some feel Tomana deserves to be arrested.
As a country, we must build a new constitutional dispensation through respect of the constitution and offices such as that of the NPA.
We strongly condemn the abuse of a constitutional office by any person for personal and selfish gains.
While we are tempted to say the chickens are coming home to roost, we, however, must hasten to add that Tomana, as the head of the National Prosecuting Authority (NPA), should show gratitude to the call by democratic forces in ensuring that the independence of the work of the Prosecutor General was enshrined in the new Constitution.
The people of Zimbabwe have also been against the abuse of section 121 of the Criminal Procedure and Evidence (CPEA). This section, which Tomana has previously abused for his own selfish interests, saved him from being denied bail on Tuesday.
On countless occasions, Tomana became an enthusiastic abuser of the justice delivery system by prosecuting lawyers on false charges of obstructing the course of justice. These are the same charges that he is now being charged with at the criminal courts.
As the PDP, while we hold no brief for Tomana, our view is that the exercise of constitutional discretion by a constitutionally appointed office is not a crime.
We cannot be seen celebrating the abuse of the Constitution by the police, intelligence officers; simply because some feel Tomana deserves to be arrested.
As a country, we must build a new constitutional dispensation through respect of the constitution and offices such as that of the NPA.
We strongly condemn the abuse of a constitutional office by any person for personal and selfish gains.
Source - Jacob Mafume - PDP National Spokesperson
