The Sunday Mail
Kumbirai Hodzi
THOSE of us who knew Ambassador Johannes Tomana intimately are filled with gratitude and, indeed, pride over the conferment of national hero status on this relatively young man.
This was a recognition of his immense efforts in the use of jurisprudence and law, especially his progressive interpretation of international law to defend the sovereignty of the republic.
The conferment of national hero status on Ambassador Tomana is an occasion where there is unanimity among all of us — loyal cadres — that justice has been done.
Of course, the rectification of the great injustice against this hero started when he was justifiably appointed to an ambassadorial office. We thank His Excellency, the President, the Vice President and the Cabinet for this honourable decision, which we laud. It makes us prouder because it restores to Daphine — Amai Tomana — the children and all of us the honour, dignity and good legacy that Ambassador Tomana deserves as a husband, a father, a colleague, a friend, a brother and an authentic hero.
The patriot
Ambassador Tomana had such an amazing grasp of progressive norms of international law such as the doctrine of sovereign equality of states, the principle of non-interference and the illegality of unfair treaties
He was quite vocal and eloquent in his demands for equal and dignified treatment of Zimbabwe and countries in the Global South in the post-1945 multilateral institutions.
He was keenly aware that the post-1945 order, which masquerades as an international rules-based setup, is neither international nor representative, but a continuation of the same pre-1945 Eurocentric arrangement, serving the interests of European and American imperialism.
His views on international law were shaped from the scholarship of writers such as Grigory Ivanovich Tunkin — the celebrated author and scholar in public international law.
He used those progressive views in his heroic legal challenges against the United States, the United Kingdom and their European Union and North Atlantic Treaty Organisation allies when they imposed sanctions on Harare outside the procedures and framework of Resolution 1973 of the United Nations Security Council. Ambassador Tomana advanced the same legal strategy and international law principles in his legal challenges to fight attempts by the same cartel of Western imperial powers to categorise the Chiadzwa diamonds as “blood diamonds”.
What distinguished Ambassador Tomana from all his contemporaries was not only his sharp legal mind, but his sense of discipline as well. Ambassador Tomana had the discipline of a professional commando.
But this discipline stemmed from a very clear sense of duty and purpose — to serve his country and the Global South. He was a vociferous student of Liberation and Development Studies. At Lund University, his bookshelf was full of works and writings of some of the most influential scholars in this area. He read widely about revolutions and revolutionaries in the Global South.
At a young age, he was already asking the same questions that young revolutionaries like Ibrahim Traore of Burkina Faso are asking today. The development of a multi-polar world was his abiding passion.
He deeply detested the treatment of the Global South, especially Africa, by the post-1945 Bretton Woods Institutions.
Ambassador Tomana was passionate about inter-African co-operation, including integration and trade. At Lund University, I remember Ambassador Tomana promoting everything Afro-centric. He loved reggae music, especially Bob Marley’s songs.
At times, he would also listen to the protest songs by Bruce Springsteen.
Let us all recall that Ambassador Tomana was thrusted the mantle of leadership at a time of great national challenges.
He did not choose it.
There are those young men who emerge at such times, such as Patrice Lumumba during the Congo crisis in 1960, and, indeed, men such as Vladimir Putin, during the collapse of the Union of Soviet Socialist Republics.
Ambassador Tomana became the Attorney-General (AG) at a young age. He also became the Prosecutor-General (PG) — another highly demanding position — when he was still relatively young. He had excellent leadership skills. The remarkable attribute that endeared him to all his officers was the great concern he had for the officers of the PG’s Office. He developed progressive policies to improve the welfare of the officers.
Some policies, which I later adopted and further developed when I became PG, emanated from Ambassador Tomana.
These policies involved providing housing for officers, provision of proper tools of trade, vehicle purchase schemes, loans, training and self-development programmes, and attractive remuneration and retention allowances.
The national hero was always charming and warm, even when he was required to make difficult and sometimes complex decisions.
He had some self-confidence and self-assurance that inspired trust in his subordinates. He exhibited an infectious can-do attitude, which enabled him to handle and overcome any difficulties. I remember distinctly the time I was deputy Attorney-General (Legal Advice) and Ambassador Tomana would call me for brainstorming over seemingly intractable issues.
During some particularly difficult times, we would brainstorm over the entire day and night and next morning until we came up with the best possible solution.
The International Law expert
The late national hero was appalled by the current geopolitical situation, which he found as a regression to the 18th century gunboat diplomacy by the West. He argued that for 500 years, Europe had savagely plundered Africa and nothing had changed.
Africans and the Global South had always borne the brunt of exploitation by the West.
But surprisingly, Ambassador Tomana asserted, Africans continued to show trust, good faith and integrity in their dealings with the West. The African governments and people never seemed to learn.
The West had perfected policies that promote modern-day slavery.
Africa had foolishly and unilaterally decided to make the continent a nuclear weapon-free zone and yet, instead of being rewarded, it has been punished.
Africa was weak and has been taken advantage of in every sphere by the West, he would argue. Africa and its leaders were gaslighted and manipulated through promises of future development and, in the most extreme cases, subjected to threats.
Ambassador Tomana always argued that the West has no respect for African lives and countries. He passionately argued that the advent of the coronavirus had demonstrated that the West European mentality still regarded Africans and the Global South as expendable when European countries grabbed all available stocks of vaccines, leaving virtually nothing for Africa. When a group of African states sought to develop its own vaccines for the continent, such efforts were sabotaged. He also argued that the conflict in Ukraine has shown the true colours of the West. Ambassador Tomana was heroic for the simple reason that he loved his country and continent.
Criticisms
There was criticism from some sections that Ambassador Tomana applied selective justice.
There is nothing that can be further from the truth.
Ambassador Tomana developed and issued general prosecutorial guidelines as he was required to do in terms of the Constitution and the law. The guidelines emphasised the non-partisan application of the criminal process in a fair and just manner.
Facts speak for themselves.
In all cases where the evidence spoke for itself, Ambassador Tomana allowed the prosecutorial process to proceed irrespective of the political orientation of any accused person.
Yes, Ambassador Tomana was a hardline proponent of peace, public order and security of the citizenry and the State.
Ambassador Tomana, as I knew him, was a deeply peace-loving gentleman. He did not have a single bone of malice, injustice or unfairness in his body. Yes, mistakes were made sometimes, but Ambassador Tomana was always extremely empathic and remorseful whenever injustice — wholly unintended — occurred. This attribute became more accentuated in later life, when he also became a very deeply religious person.
Justice
The appointment of Ambassador Tomana to an ambassadorial office was in recognition of the injustice that had been committed and inflicted on this young person.
I remember sometime in November 2019, when I was carrying out reforms in the National Prosecuting Authority (NPA), as the then acting PG, we came across incontrovertible evidence that there was a cartel of organised individuals that had been involved in fabricating trumped-up charges against Ambassador Tomana. Unfortunately, the office of the PG is always a target of unsavoury characters, no matter who occupies it.
As PG, Ambassador Tomana carried out his duties professionally and honourably.
Unfortunately, no matter how a PG conducts himself professionally, efficiently and effectively, there are always going to be critics motivated by a variety of reasons.
There was a conglomeration of very powerful evil forces against Ambassador Tomana.
Remember the rise of Ambassador Tomana — a young man of extremely humble origins, whose only attribute was his leadership skills and a sharp legal mind, patriotism, sense of clarity and purpose — to the highest prosecutorial office aroused many negative emotions and sentiments.
Firstly, there were those among his colleagues who were frankly jealous and envious.
Questions were asked: Who is Ambassador Tomana? Where did he come from? Why should he be AG or PG ahead of some folks?
Then there was a whole section of some of his erstwhile colleagues — the same age and even some former classmates who strongly felt that Ambassador Tomana did not deserve it.
Of course, this was motivated by petty jealousy and an inability to recognise this young man’s immense and unique qualifications and abilities and their own lack of talent and discipline. I was reading somewhere that young Putin faced the same hostilities from his erstwhile KGB colleagues when he was made mayor of Moscow. Then there was a whole opposition group who recognised Ambassador Tomana’s unique talents.
They rightly recognised that Ambassador Tomana was a strong linchpin in the security, law and order architecture of the country.
The regime change agents recognised that there would be no regime change with Ambassador Tomana at the helm.
Remember the anti-Ambassador Tomana crescendo that climaxed when some people even threatened to boycott the Government of National Unity if his appointment was not immediately rescinded.
These are the same people who have never forgiven Ambassador Tomana for thwarting their regime change efforts.
Then there were ordinary criminal cartels that sought to destabilise the NPA.
And then there was misinformation that was orchestrated by the same characters, which led to the very unconstitutional and tragic brief arrest of Ambassador Tomana.
The Constitution is very clear.
The PG cannot be arrested for making prosecutorial decisions. I can say without equivocation that in the history of the NPA, that was the most traumatic event for all loyal, faithful and dedicated prosecutors.
Ambassador Tomana as a family man
He is survived by his wife Daphne, a fellow lawyer and five children. They had a closely knit and loving family. Daphne and Ambassador Tomana met at law school. They exhibited strong family values and Daphne was an extremely strong supportive partner who has been a pillar of strength. We who are their friends have always been very proud of the family.
Kumbirai Hodzi is the immediate past Prosecutor-General.
