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Dr Masimba Mavaza
One of the greatest lawyers ever to live and a great poet Lord Byron wrote: “Fare thee well! and if for ever, still for ever, fare thee well”.
With great sadness in my heart, tears streaming down my face, anguish in my soul, I join the legal and diplomatic fraternity to mourn the untimely death of Ambassador Johannes Tomana.
The impact of the message of his demise was severe and heavy, as it awakened our consciousness to the reality, finality and unpredictable nature of death.
Death gives no appointment and it is a true reality that we meet to die.
Death is a necessary end, which will come when it will come and indeed it is cruel. I want to pay tribute to a fellow apostle of truth, a brother in the mission to administer justice, a fellow member of the court, a lawyer, true, just, and faithful servant of the law.
His brutal critics, detractors and those who wished him harm have all the harsh words against him. But we who loved him and knew him well, we who saw him grow from a boy who wanted to be great to a young man who was enamoured with the romances of law, we have nothing but awe and admiration for such a passionate, energetic, and hardworking man.
He was a man of the law, a public servant, a very good father, a romantic husband to Daphne and a true friend.
I met Ambassador Tomana while I was working as a prosecutor at Harare magistrates court. He was shy, but well-articulated. His eyes were glowing with love when he spoke of his then girlfriend, now wife Daphne.
Ambassador Tomana loved his country and that made us click.
I introduced him to the politics of the day. We together paid visits to few ministers and he later became a lawyer for Jonathan Moyo, the former Minister of Information.
I remember myself and Tomana at State House waiting to meet the then President, the late RG Mugabe. Tomana had always set his eyes up and he took any job given to him seriously.
When Tomana was appointed Attorney General by the late President Mugabe, he worked his heart out.
His enemies labelled him Lacoste during the time of some events in Zanu PF, and with that label he attracted the wrath of the former First Lady Grace Mugabe.
With the help of some of his staff, he was falsely accused of crimes he did not commit.
He went through depressing moments, but was always cheerful.
One day I met Ambassador Tomana at the offices of the then Vice President and Minister of Justice Cde ED Mnangagwa, now the President of Zimbabwe. He was with Cde Tabani Vusa Mpofu.
He took me to a side office and he said the words I will never forget and kept me going: “When people chose to smear you with dirty do not fight them. Remain resolute on the side of the truth and the truth will set you free. What they say it’s hot news now, but tomorrow it will be stale. So never give up on life even if life shows you it’s ugly side strive to go to the better side. Life goes on as enemies go away”.
With that, we parted our ways only to meet again when he was now His Excellency the Ambassador of Zimbabwe to the DRC.
It needed no testimony in whatever court or tribunal to prove his family is honourable – he was an honourable man.
To me, what matters most is that Ambassador Tomana was a lawyer who never violated the canons of legal ethics or the code of professional responsibility.
He was faithful to his calling, he never violated the trust of his clients, and he remained loyal to the court and to society.
As a public servant, Ambassador Tomana was a commendable official who served beyond the call of duty. He was seen by employees in the government as a paragon of honesty, dedication, and people-orientation.
He was approachable even to the poorest. He was well-loved and well-appreciated. He was an inspiration to all young, accomplished, full of passion, energy and enthusiasm.
Ambassador Tomana was always on the go, doing multiple tasks as a lawyer, public servant, and head of a family and clan.
He was always available to listen to the many problems presented by his clients, his constituents and his friends. He never closed his door even to the poor, the unlettered, and the unwashed. He was a man of the masses.
As a lawyer, Ambassador Tomana was a roaring gladiator in the courtroom. He was merciless in his cross-examination, and almost flawless in his pleadings and manifestations.
He was courteous to court personnel, respectful to judges, and fair to his opponents. He never refused to defend the accused even if others were either afraid or did not think the client could pay.
Ambassador Tomana was the true apostle of truth, a pillar of justice, and advocate for the rule of law. Perhaps God has a reason which, as of the moment, is too hazy for us mortals to understand. We just have to pray that evil will cease to triumph over those who choose the straight and narrow path.
Borrowing the words of the famous playwright, William Shakespeare in his 1599 tragedy “Julius Caesar”: “His life was gentle and the elements so well mixed in him, that nature might stand up and say to all the world, This Was A Man!”
A plethora of effusive accolades, tributes and condolence messages by our colleagues and classmates of Ambassador Tomana bear a testimony that he was a good gentleman.
Ambassador Tomana loved his family; he loved his home area of Honde Valley, he loved his country; he loved his church; he loved the law and lawyers; and he was faithful to all.
He was a judicial statesman. He was a master in the use of words, insisting always upon precision of language.
When he was the Attorney General, it was his firm and correct belief that the law should evolve on a case-by-case basis and that the court’s role in that process was to decide the issue before it – and to do so in clear, unequivocal language.
It was never doubted that every word in Ambassador Tomana’s opinion was his, for he wrote precisely as he spoke – with poetic elegance.
Some years ago, he said of the prosecutors: “For better or worse, we have given our lives and such abilities as we have to furthering the great cause of justice… I think we are keepers of a dream for our time, one of the oldest, the best dreams of the human race, a dream that was old when the world was young, a dream that will never die, a dream of open courts dispensing equal justice, the dream of peace and good will through law.”
Ambassador Tomana was said to be very tough and acted swiftly against corruption, which made him an enemy of some even within his prosecution team.
He was committed to the rule of law, applied fairly and temperately to ensure equal justice for the meek as well as the mighty. This gentleman kept faith with the dream to which he was entrusted. He contributed mightily to the cause of peace and good will, and we would do well to pursue his example.
Full article on: www.herald.co.zw
To be in his company and to share conversation with him was a delightful experience.
This remarkable, unique man never gave up in what he believed was right. He was ever alert and up to date, whether the subject be law, politics or other current events.
He lived not in the past, except to apply its experience to the present and the future. His love and affection for every member of his family was returned with abundance.
Ambassador Tomana provided inspiration, and set a standard of excellence for all of us in the legal profession. He led a life dedicated to the service of others and making this world a better place.
He was fond of referring to ‘path-marking’ precedents. In prosecution he was the true path-marker, a justice who broke barriers and served as a role model for so many.
I count myself honoured to have worked with him. He was a lawyer’s lawyer, his success as a lawyer took root in large measure in his discipline in selecting cases and in carefully reading precedent – both for what it included and what it omitted.
Ambassador Tomana firmly believed that mature people could in good faith take different views on even the most important legal questions without being histrionic, or posing a threat to their adversary’s feelings.
Fare thee well Ambassador Johannes Tomana.
Tomana obituary ??
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