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Justice Hlatshwayo reserves judgement in ZILAO case
Zimbabwe Lawyers for Human Rights (ZLHR)
December 06, 2011

High Court Judge Justice Ben Hlatshwayo on Monday 5 December 2011 reserved judgment in a case pitting the executive of the Zimbabwe Law Officers Association (ZILOA) against their founder and patron- the Attorney General Johannes Tomana, as well as the Deputy Attorney General, and Director of Public Prosecution after full argument by counsel for both parties.

The five ZILOA members namely Leopold Mudisi, Dereck Charamba, Patrobs Dube, Mehluli Tshuma and Musekiwa Mbanje had their certificates of authority to prosecute withdrawn by Tomana recently, without due process being followed on the misguided premise by the AG that his actions are not subject to judicial scrutiny.

In startling submissions made by Messrs Nelson Mutsonziwa and Chris Mutangadura, on behalf of the AG, it was stated that Section 76 of the Constitution permits the AG to delegate his prosecutorial powers, and he can at any time revoke the powers granted to the delegate. Mutsonziwa and Mutangadura further stated that the law officers' court application ought to have been brought before the Labour Court, notwithstanding the fact that the Labour Court has no jurisdiction over public servants.

The ZILOA leaders' lawyer Beatrice Mtetwa of Mtetwa&Nyambirai Legal Practitioners however countered the submissions by the AG stating that the AG's powers are not unqualified, and stated further that once the certificate of authority is issued, it carries with it certain rights that cannot be removed at the stroke of a pen.

After submissions by both parties, Justice Hlatshwayo advised that judgment would be availed before 25 December 2011.

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