Suspended Prosecutor General Johannes Tomana has approached the High Court to stop the removal of his property over a $28 000 debt. Tomana incurred the debt after losing court cases in which he tried to block the Judicial Services Commission (JSC) from appointing a tribunal to look into his conduct. The JSC’s lawyers obtained a writ of execution which allowed the Sheriff of the High Court to attach Tomana’s property at his Glen Lorne residence.
However, Tomana approached the High Court and was granted a temporary stay of execution by Justice Herbert Chitapi. The court will determine whether or mot Tomana should lose the property today (Friday).
Tomana is accusing the JSC of having ambushed him without giving him notice to pay. He also accused the JSC of being insincere saying they had advised him that they would not be seeking costs. Tomna described the whole process as illegal and an abuse of the law. In his application Tomana states:
If first respondent’s position (JSC) is that it wants to enforce its costs order, it must tell me, give me time to pay and that will be the end of the matter.
What is unacceptable with respect, is for first respondent to tell me that it will not enforce the costs order then turn around at a time that I am supposed to be testifying in defence of my job.
The clear intention is to unhinge me. Execution carried out under such circumstances cannot be lawful.