Mnangagwa's Failure To Appoint Prosecutor-General Undermines Rule Of Law - Lawyer
A Harare-based lawyer has said President Emmerson Mnangagwa’s failure to appoint a substantive Prosecutor-General undermines the rule of law.
Zimbabwe has been without a substantive Prosecutor-General for over a year since the resignation of Kumbirai Hodzi in February 2020 amid allegations of incompetence and corruption.
Nelson Mutsonziwa has been serving as the acting Prosecutor-General since then.
Hodzi’s appointment was controversial, with reports that President Mnangagwa refused to endorse the Judicial Service Commission (JSC)’s recommendations. Hodzi was later accused of corruption and incompetence, which led to his departure.
The presidential spokesperson, George Charamba, has indicated that Mnangagwa will not appoint a substantive Prosecutor-General soon. Charamba told NewsDay:
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President Mnangagwa does not want to appoint the PG yet.
Justice, Legal and Parliamentary Affairs Minister Ziyambi Ziyambi told NewsDay that the amended constitution gives Mnangagwa the power to appoint the Prosecutor-General without conducting public interviews.
A Harare lawyer, Kimpton Gukwe, stated that Mnangagwa’s failure to appoint a Prosecutor-General has created a gap in the justice delivery system. Gukwe told NewsDay:
Mnangagwa’s failure to appoint a Prosecutor-General undermines the rule of law and promotes a culture of impunity, which can have significant consequences for Zimbabwe’s democracy. As is apparent, constitutionalism and democratic principles are in decline in Zimbabwe.
According to law commentator Romeo Chasara, Mnangagwa’s failure to appoint a Prosecutor-General goes against the constitution and undermines the judicial system’s effectiveness because the acting Prosecutor-General may not have the same control as a substantive one.
