By Brian Magejo
THE Judicial Service Commission (JSC) has instituted fresh processes to find a new Prosecutor General following the controversial revocation of Ray Goba’s (pictured) September appointment into the hot seat by President Robert Mugabe.
The move has triggered a High Court challenge by the Zimbabwe Lawyers for Human Rights which is seeking the reversal of Goba’s axing citing fragrant constitutional violations by the State President.
President Mugabe Friday last week brewed a shocker when he abruptly rescinded Goba’s appointment, which he made via a Government Gazette.
Goba’s axing, likewise, was announced in an Extraordinary Government Gazette, General Notice 642 of 2017.
There were no reasons cited for the controversial decision.
This paved way for the JSC to begin processes to seek a new PG.
But in an urgent chamber application filed on Wednesday, ZLHR wants the High Court to interdict President Mugabe and the JSC from “removing or in any other way interfere with Advocate Goba’s constitutional appointment without following the removal from office procedures provided for in Section (259)(7) of the Constitution”.
ZLHR insists Goba has not been validly removed from office.
In a founding affidavit filed together with the urgent chamber application and signed by ZLHR Executive Director Roselyn Hanzi, the human rights organisation argued that it has a direct and substantial interest in the obedience and observance of the provisions of the Constitution by all individuals and organs bound by it and that the Constitution is the supreme law of Zimbabwe and every conduct inconsistent with it is invalid to the extent of the inconsistency.
The human rights organisation contended that the PG can only be removed from office by President Mugabe upon the advice of a tribunal set up in terms of section 187 of the Constitution and that the Constitution does not provide another different route that can be followed to remove the PG from office.
The court challenge was set to be held this Friday 3 November.