MDC T PRESS STATEMENT ON THE CONTINUING

EMBARASSMENT OF THE PROSECUTOR GENERALS OFFICE

AND THE EXECUTIVE FOR FAILING TO IMPLEMENT THE
CONSTITUTIONAL BAR ON CHILD MARRIAGES
The MDC T is concerned by the continuing public
embarrassment of the Prosecutor Generals office through
inept handling of public legal matters, the latest being the
recent mortifying failure of the ill-advised, inept and
politically motivated persecution of renowned lawyer
Beatrice Mtetwa. So gross was the ineptitude demonstrated
in relying on the wrong section of the law, and applying well
out of time that the Hon. Justice Mawadze had no choice but
to dismiss the malicious prosecution and admonish the
Prosecutor General for violating the respondents
fundamental rights.
The MDC T therefore calls on the President of the Republic
to now seriously consider that the question of removing the
Prosecutor General ought to be investigated in terms of
section 187 the Constitution for either gross incompetence
or gross misconduct. If the President does not do so then the
MDC T is convinced that this is a proper case for the Judicial
Services Commission to advise the President to appoint a
tribunal to investigate the issue of his suitability for office in
terms of the same section.
The MDC T urges that this be done to avoid the continuing
sliding of the nationally strategic office into disrepute. The
litany of monumental blunders by the Prosecutor General
continues to mount, some of which have been his untoward
remarks about condoning child marriage when he should be
prosecuting perpetrators of them in terms of section 4 of the
Domestic Violence Act, his sordid attempts to bar the private
prosecution of a legislator accused of the heinous crime of
the rape of a child and his irrational insistence on abusing
section 121 of the Criminal Procedure and Evidence Act to

revoke bail granted by competent courts. Fortunately the

judiciary is alert and conscientious to its duty to uphold the
rule of law and the Constitution and has thwarted all these
misadventures of the Prosecutor General.
The publics precious tax dollars are too scarce to continue
to be squandered by such monumental gaffes which, more
worryingly, gravely prejudice the interests of justice. To save
the publics confidence in the office of the Prosecutor
General and to salvage its reputation the suitability of its
holder for office must be investigated and he be held to
account.
The MDC T also wishes to register how appalled it is at how
the office of the Attorney General could possibly have
advocated for the continuing of child marriages and
represented the Executive in opposing the constitutional
application to confirm its unlawfulness. The MDC T urges
the Attorney General to always promote, protect and uphold
the rule of law and defend the public interest in terms of
section 114 of the Constitution. It cannot possibly be in the
public interest to marry off children. The MDC T therefore
applauds the Constitutional Court for upholding the
Constitution and making it crystal clear that child marriage
is against the law of Zimbabwe in general, and the
Constitution in particular.
The MDC T therefore urges the Attorney General to advise
its client the government on how to fully implement,
legislatively and administratively, the child marriage ruling
and all of governments other constitutional obligations. This
is so that the courts are not clogged with the avalanche of
constitutional challenges that is coming if the Constitution
remains unimplemented.
Fungayi Jessie Majome MP
MDC T Secretary For Justice, Legal and Parliamentary Affairs
January 2016