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In its response through an affidavit, the JSC through the Secretary, Justice Rita Makarau says Mr Tomana should appreciate some of the provisions of the constitution.
The JSC further says the applicant misdirected himself by believing that he holds the same position as that of the Chief Justice.
The office of the PG is equivalent to that of a judge, says the JSC, adding that it is constitutionally empowered to initiate the removal of the PG.
The PG had cited the Constitutional Court cases in which he argues that it was not properly constituted as the Deputy Chief Justice was not part of the bench that decided his fate.
On this argument, the JSC says the judgements of the Constitutional Court is valid as it is the highest court in Zimbabwe and no other courts can review its decisions, adding that even the Constitutional Court in whatever circumstances cannot review its decisions.
In its initial application, the JSC noted cases in which PG Tomana is believed to have erred.
It cited the cases of Professor Charles Nherera and Dr Munyaradzi Kereke in which PG Tomana refused to grant the complainants a certificate of private prosecution. – Source-ZBC