Kereke seeks Con-Court relief

HARARE - Munyaradzi Kereke, the Member of Parliament for Bikita West, has asked the Constitutional Court to stop the High Court from insisting that he be cited as a respondent in a rape case involving a minor.

High Court judge Happias Zhou in December ruled that Kereke, accused of raping an 11-year-old girl four years ago, should be a respondent in an application in which the girl’s guardian is seeking prosecution of the maverick businessman.

Zhou ruled that Kereke, a former advisor to Reserve Bank governor Gideon Gono, should be included in the court application brought by the girl’s guardian Francis Maramwidze, adding that the parliamentarian was an interested party.

Maramwidze filed a High Court application through his lawyer Charles Warara against the police and Attorney General’s office, claiming that since he lodged a rape report in October 2009, nothing has been done to bring Kereke to book.

Kereke argued that Maramwidze’s application did not cite his name but that of the commissioner-general of the Zimbabwe Republic Police and the Attorney General.

“The first respondent (commissioner general)’s submissions to this honourable court clearly show that the first respondent  fully discharged their constitutional mandate and saw no merit for investigating further, let alone prosecuting me,” Kereke said in his Con-Court application.

“The prosecution of the alleged criminal activities within Zimbabwe is under the direct control and authority of the prosecutor general of Zimbabwe who must discharge his duties independently.

“The AG made extensive submissions giving reasons why he did not prosecute this matter, being that lack of incriminating evidence.

“The first respondent (police commissioner general) and the prosecutor general are empowered to deal with the investigation and prosecution of alleged criminal activities in Zimbabwe and I can in no way influence their competent decisions on any alleged criminal matter in Zimbabwe.

“Accordingly, any court seeking to impose that obligation to investigate and prosecute any alleged criminal activity within these officers and their independent institutions, let alone on me will be clearly infringing on their independent rights to maintain law and order as enshrined in the Constitution of Zimbabwe.”

Kereke claimed the police and the AG’s office had concluded their investigations, clearing his name.

Kereke in his application, handled by his lawyer James Makiya,  argues that the latest action was a clear act of malice against him.

He said due process was followed by the investigating authorities and that he submitted a warned   and cautioned statement to Borrowdale Police Station at the material time on the “malicious false complaint” that had been lodged against him.

Comments (5)

Kereke has to be cited as a respondent in the case because during the hearing, the attorneys will prove that he bribed the police and AG hence his case was deemed "not worthy of prosecution due to lack of evidence" In what book do you get the police and AG saying they will not prosecute when the case is clear cut as this?

Omuhle - 8 January 2014

A rapist is allowed to go scot free because he has connections.

Maita Manyuka - 8 January 2014

Kereke homy you are playing with the concourt, if there is no case to answer let it go through the courts. Une vana vanganiko musango woti zvavasina kukusungisa hako.

Maita Manyuka - 8 January 2014

zanu-pf chibato chema garanyanya, nyaya dzawo ndidzo dzizere kumatare. Chero mukanzvenga nezvioko muhomwe gehena rakakumirira, inguwa chete.

ndendende - 8 January 2014

whom are you to judge ?who approved you not to go to hell?

evidence - 9 January 2014

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