The ouster of the top government lawyer: the AG

Zimbabweans from all walks of life woke up on Satarday the 15th of December 2007 to meet with the sad news that the Attorney General Sobuza Gula-Ndebele has been suspended by President Mugabe and that a 3 member inquiry comprising 2 judges and a lawyer in private practice has been set up to investigate him and report the findings to the President.The allegations of miscoduct stem from the fact that the AG failed to make a report to the police that he had seen one fugitive banker who was on the police wanted list since the banking blitz of 2004, Mr James Mushore who was wanted by the police for allegedly externalising large amounts of foreign currency through his bank NMB.

The suspension comes in the wake of the battle lines that had been drawn between the AG and the Commissioner of Police after the AG had said that he will not allow unprofessional fingers to run his office . He said that he will only stop to discharge his duties if only he has been relieved of doing so. Ironically, the President the following day temporarily relieved Gula of his duties by way of suspension as if in answer to Gula's sentiments. To students of history the ouster of the top government lawyer should not come as a surprise especially when one looks at the relations that existed between Gula and Chinamasa,the Justice Minister. They were and probably are still raged against each other in sharp antagonism following the prosecution of Chinamasa for obstruction of the course of justice in the Mutasa case and also over the final responsibility of the AG's office with regard the prosecution of offecnces.Gula has been receiving a modicum of respect to all those who are committed to the restoration of the rule of law and respect of fundamental rights and freedoms in Zimbabwe. He attracted the fury of Mugabe because ha had taken a tough stance against abuse of power and authority by many of Mugabe's cronies in the Zanu PF party. This has been evidenced by the high profile cases against Zanu PF heavy weights that he directed to be prosecuted. It is against this background that Gula's fate can be explained. Of late, Gula has been sympathising with his staff who are failing to make ends meet because of the paltry monthly salaries they are getting that cannot cushion them for more than 3 days.

Whatever the reasons Mugabe has for the suspension of the top government lawyer the position is that this is a serious infraction to justice as it flies in the face of the rule of law.Mugabe is well known for disregarding the principle of separation of powers many a time. At one point he once invited judges of the High Court and the Supreme Court to step down or else face the political consequences. This has been instigated by the petition that they had addressed to him to assure the nation that the government was still commited to the rule of law and the respect for the fundamental freedoms of the people. This followed the arrest and torture of two journalists, Mark Chavhunduka and Ray Choto when they reported of the alleged coup story in 1998. the same President who invited the Judges to resign is the one who today has suspended the highest prosecuting authority in the country for alleged miscounduct.

The suspension of Gula Ndebele can only be explained more in political terms than on any other planery. This is buttressed by the fact that Zanu Pf does not want any persons who stands in its way to achieve its goals, moreso if that person is a threat to its continued hold on political power. It remains to be seen what the appointed Commision of Inquiry will come out with and what the fate of the chief Government Legal Advisor will be. Only God knows and not the suffering masses of the majority of Zimbabweans who now spend more time in ques than in the comfort of their homes due to the deepening economic crisis.