A Harare man, Simbarashe Zuze has petitioned the Constitutional Court (ConCourt) seeking nullification of Kumbirai Hodzi’s recent appointment as substantive Prosecutor-General (PG) on the basis that he scored badly in public interviews held last year.
Zuze cited President Emmerson Mnangagwa, the Judicial Services Commission (JSC), Chief Justice Luke Malaba, Justice minister Ziyambi Ziyambi and Hodzi as respondents. Through his lawyer Advocate Thabani Mpofu, Zuze said Hodzi was not fit to hold office, since he did not do well in the interviews and, as such, his appointment must, therefore, be declared null and void.
Zuze said Hodzi should not have been considered for the job because he had struggled to answer questions from the interviewing panel. He said in terms of the law, Mnangagwa had to choose a candidate from the top three interviewees, but if he found compelling reasons on why appointment could not be made on the said three, he would advise the JSC and the public and new interviews would have to be conducted. Said Zuze:
Once public interviews have been conducted, every citizen becomes invested with a legitimate expectation in knowing why the President has decided to ignore the results of that process and that expectation is constitutionally protected. The process is deliberately two-tiered and public to ensure that it is co-operative rather than individualistic and arbitrary. Naturally, it follows that reasons must be given for rejecting candidates recommended on merit. The principle of legitimate expectation requires no less. It would promote arbitrary decisions if the President could simply reject selected candidates and prefer another without giving reasons.
The matter is pending under case number CCZ3/19.