via MDC-T calls for AG appointment NewsDay January 16, 2015
THE MDC-T has called on President Robert Mugabe to urgently separate the Attorney-General’s Office from the Office of the Prosecutor-General in line with the provisions of the new Constitution and allow judicial independence.
The AG’s office was created by the setting-up of an independent National Prosecuting Authority (NPA) after the adoption of a new Constitution. But government has not yet appointed an Attorney-General to replace Johannes Tomana who now heads the PG’s Office.
MDC-T secretary for Justice and Legal Affairs Fungai Jessie Majome challenged Mugabe to urgently fill the gap to avert a constitutional crisis.
“The unconstitutional failure of the Head of State to date to appoint an Attorney-General in terms of section 114 of the Constitution compromises the independence and efficiency of the Prosecutor General who is the former Attorney General and illicitly doubles up as the Acting Attorney-General and the Prosecutor-General,” Majome said.
“It is no wonder that the Chief Justice (Godfrey Chidyausiku) has had to lament delays in criminal trials originating from the prosecution.”
Mugabe has delayed making the appointment of the Attorney-General since May 2013 when he signed the new Constitution into law.
“MDC is aghast that two Cabinet reshuffles have been affected without any attention to the need to appoint the Attorney-General. The MDC demands that Mugabe complies with the Constitution and urgently appoint an AG upon his return from leave,” she said.
She said her party was taken aback by the government’s failure to give the new NPA a separate budget allocation.
“We are dismayed by the unconstitutional failure of the 2015 National Budget to provide separately for the NPA as required by Section 305(3) (c) and the attendant under-resourcing of the NPA,” Majome said.
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