Mega earners to go unpunished

via Mega earners to go unpunished March 7, 2014 by Owen Gagare/Elias Mambo

EXECUTIVES of parastatals and public enterprises who awarded themselves huge salaries, at a time their institutions were underperforming and workers went unpaid sometimes for months, will go unpunished as Prosecutor-General Johannes Tomana says they had broken no law.

In a wide ranging interview, Tomana also justified his decision not to prosecute former adviser to RBZ Governor Gideon Gono, Munyaradzi Kereke, on allegations of rape involving minors.

He also distanced himself from any involvement with controversial Ghanaian businessman William Ato Essien, who last year sensationally alleged he had been swindled of US$6 million by former Zimbabwe Mining Development Corporation chairperson Godwills Masimirembwa.

On the disclosures of “obscene” salaries raked in by management at public institutions, Tomana said while there may be questions on the morality of the remuneration, law enforcement agents could not act because there was no statute which regulates incomes or prices in Zimbabwe.

“Unfortunately, morals are not laws,” said Tomana. “Morals can be raw materials that enable you to have certain laws. When a moral pinches you enough it can be raised into a law, but that has not happened. In this case, you ask yourself: what has been violated when there is no regulation or law which controls prices and salaries?”
He said following the abolishment of the National Incomes and Pricing Commission in favour of an economy where prices and incomes are determined by market forces, his and other offices have been left with no power to act.

“In view of the mega salary revelations it may be necessary to have regulations. I cannot charge Happison Muchechetere for earning US$40 000.
“There is no law which stops people from earning too much. In court they know we cannot punish people for not breaking the law,” Tomana said.
On Kereke, Tomana said he would not prosecute the MP until further investigations were done.
He said his office had studied the docket and returned it to the police so that they carry out further investigations.
Tomana however said the complainants’ guardian was refusing law enforcement agents to directly access the complainants, hence the stalemate.
“When a docket is brought we look to see whether there is evidence to sustain the case. If it’s not there we decline to prosecute. If it’s not there but can be found we refer it back to the police for further investigation,” he said.

Tomana said a statement by one of the complainants in the case was to the effect that “when she heard what the other sister said about what happened to her (rape) she remembered that the same had been done to her”.
“I said go back and ask the complainant what happened, but they are saying the complainant’s guardian is refusing to avail the complainant. How do you expect me to prosecute?”
Tomana insisted he would not bow down to pressure to prosecute the local businessman even from the courts, arguing it was unlawful for anyone or any institution to force him to act in a particular way.
On Monday High Court judge Happiness Zhou reserved judgement in the matter in which Francis Maramwidze is seeking to have Kereke prosecuted over allegations of raping his 11-year-old relative at gunpoint four years ago.

“Somebody goes to court to ask it to order me to prosecute Kereke… but the constitution makes it clear I am subject to no direction. Section 260(1) say subject to this constitution, the PG is independent and is not subject to the direction or counsel of anyone and must exercise his/her functions impartially without fear, favour, prejudice or bias,” he said.
Tomana said he could not use the testimony of one of the siblings to prosecute as the matter is being treated as one case.
On Essien, he said he had no relationship “whatsoever” with the Ghanaian businessman, whom he said he met for the first time at a World Diamond Council meeting in United States.
Tomana, in the company of then Mines minister Obert Mpofu and Zimbabwe Republic Police Commissioner-General Augustine Chihuri, met Essien in Washington,in the US. ZMDC, the ZRP and Essien’s Bill Minerals firm were partners in Gye Nyame Resources, a diamond producer in Marange.

But Tomana said he had gone to the meeting in his capacity as the government’s legal advisor.

“He (Essien) approached me saying an investor and I have a problems. He said he was being threatened by his partners who claimed he was facing arrest in Zimbabwe.
“I told him I do not have a docket against him and that if he was a genuine investor there would be no problems if he visited the country.
“That was the last time I saw him and the last I heard is that he actually came and met with his colleagues and the President (Robert Mugabe) in Bulawayo. What did I do wrong?”

Tomana said he would also continue with legal action against the European Union (EU) for imposing sanctions on the country, despite the removal of several influential people from the measures introduced by the EU in response to what they termed human rights violations and the breakdown of the rule of law.

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23 comments on “Mega earners to go unpunished
  1. CHINDUNDUMA says:

    TOMANA YOU CANNOT PROSECUTE ANYONE IN ALL THE CASES YOU REFERRED TO ABOVE BECAUSE OF YOUR COMPLICITY . IT IS PATENTLY OBVIOUS THAT IF YOU ATTEMPT TO PROSECUTE THE CULPRITS YOU WILL EXPOSE YOURSELF IN THE PROCESS. THE WHOLE SAGA PUTS ZANU PF IN AN AWKWARD POSITION BECAUSE THE PROSECUTING AUTHORITY IS GUILTY OF THE SAME OFFENCE. ZVANZI ZIMBABWE NDEYE ROPA NEMAKUDO IWAYO AYA. HAMUNYARI IMBWA DZE VANHU.

    • Doris says:

      They broke the law of human decency. They will pay the price eventually.

    • Parangeta says:

      Do you not know that it is very rude and crude to write in CAPITALS. It shows your ignorance of online etiquette, but then what is that, you ask!

  2. Nyoni says:

    Tomana you idiot. We all know you are guilty of everything. Just walk outside your hut where you live and ask any one walking past it if you are guilty. Do you know what the answer would be. A BIG RESOUNDING YES. Your claptrap is bigger than your idiotic brain. GO BACK TO KUMUSHA YOU FOOL AND CATCH DONKEYS.

  3. Just saying says:

    We cannot allow this man Tomana to casually sweep this matter under the carpet. Please will the legal fraternity look into the matter and give an opinion. Furthermore we must know whether those who overpaid themselves have paid income tax. In this regard the current crop of MP’s who are spearheading the ‘salarygate’ scandal are requested to follow this up after all they are the only ones we can rely on at the moment.

  4. Peter tosh says:

    Did you have incriminating evidence against the 29 Mdc activists you allege murdered a policeman? Tomahawk, answer me!

  5. I knew it, Mugabe is the godfather of corruption and murder thus he can’t have this mafia of his arrested. as for tomana, may be he is also earning 250k a month so arresting others may also implicate him!!!

  6. kutongwa nonjazi says:

    Kusvikira Zanu yabviswa pachigaro, nhamo kuvanhu veruzhinji nekubiwa kwehupfumi hwenyika nevanhu ve Zanu will be the order of each day. The word justice to Zanu means something you can’t even imagine.

    ASI CHOKWADI MWARI VAVHIRIKO KUDENGA UYE VANOZIVA

  7. zimbo says:

    we all knew nothing was going to come of this – it was just a charade to take our minds off the daily grind of living here!

  8. NBS says:

    And herein lies our problem. Why must we put up with a government who stole the past elections and are now totally destroying what is left of our nation. 2018: Why wait. let there be a massive demand for a completely new and fresh elections under a totally new mandate! Now!

  9. NBS says:

    God hates corruption. May He totally expose all the darkness that is now Zimbabwe!

  10. Roving Ambassador says:

    Tomana and Mugabe exhibit the same characteristics, they are just deep tank bullies. Cowards And opportunists who guide behind the Junta.

  11. Charles Chamunorwa says:

    The problem is these culprits are Zanu pf people and Tomana cannot arrest Zanu pf people. Exactly the opposite would have happened if these people were MDC T. No stone would have been left unturned and here a lot of stones have been left unturned.

  12. Mat Brody says:

    Typical zanu pf, typical brainwashed zimbos for putting up with it.

    We are all guilty of complacency allowing these criminals to stay. Those who have tried were killed.

    We need a jihad against zanu

  13. Saddened says:

    I distinctly remember this same Tomana saying a few weeks ago that he couldn’t take any action because the ZRP needed for investigate & present dockets while the police in turn were waiting for audits to be done before they acted. Now suddenly Tomana speaks of these crimes against the people as only morally wrong!!! Tax evasion is a crime and I feel confident these so called ‘mega earners’ didn’t pay any income tax. With the head of ZIMRA being implicated there is little chance of this coming out. Where is the opposition leadership in all this? They need to be at the forefront of driving full exposure.

  14. Bee says:

    Just imagine, they are teaching their children the same morals. Teaching them that no laws apply to them and that it is okay, even admirable to have unfettered greed. Pray god, their children learn the right thing at school because they certainly won’t learn it from their parents.

  15. Nyoni says:

    Tax is paid by all you Tomana even you . Are you better than us ? I pray you all are audited and if no tax has not being paid Jail you all must go even that clown Bob and his silly wife .

  16. This should not come as a surprise . Everyone knew that no action would be taken. If they even tried their own crimes would be exposed in the courts. They tried to spruce up and it backfired because more than they thought was exposed. For them it is a big embarrassment that won’t just go away. For us whilst we must be satisfied when all these things are exposed but we must also look at the people carrying out the exposures. Are they also clean? Hutus contribution when he pasted Temba Mliswa’s antiques is a point of reference. Some were praising him but that article (from the Herald)was a good example of how corrupt some of these people are.

  17. Mapingu says:

    Anyway, for how long shall we continue telling u guyz that corruption, looting, etc., are terms that are synonymous with ZANU PF. So one can not punish those things without 1st having the power to punish ZANU PF.

    The less intelligent Joice shouted it out loud & clear – were you not listening guyz? She categorically told the whole nation recently that ‘Any one talking about ‘corruption’ is indirectly/directly tacking ZANU PF’. U Zimboz are gifted with clapping hands without listening – what do u think Joice meant by that. She even ordered everyone to stop talking negatively about corruption since it simply means talking negatively about ZANU PF. What a moment of truth from the poor lady! Who woke up tomorrow professing misquoting by media despite the fact that all with ears had heard it from the very horse’s month. Zanu pf will never punish itself – nyoka huru ….

    • Mapingu what you have just said shows that you care. Why would you read this if you did not? At the end of the day what you say and what the others say right here will help change things in Zimbabwe. Notice I said help.. The majority are yet to speak and when they do it will be like thunder. And please note the majority are POVO and they come from all colours tribes and races with one thing in common, they are Zimbabweans that have suffered from this Regime.

  18. Stingray says:

    Someone was claiming 5000 for two domestic employees. A constable just out of depot will tell u that all you need are statements from the employees to prove or rebut the claim and proof that they recieved the and a docket for fraud will be complete

  19. E Makhate says:

    It only requires a courageous citizen to go to a police station and report a case of theft or fraud against Happiness. Who has the guts? Come on Chiuri?

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