Kereke must face rape prosecution — Court

HARARE - The High Court yesterday okayed the private prosecution of Bikita West Member of Parliament Munyaradzi Kereke on charges of rape.

Prosecutor-General Johannes Tomana, who has declined to prosecute Kereke, was yesterday ordered by the High Court to issue a private prosecution certificate.

A private prosecution is a criminal proceeding initiated by an individual or private organisation instead of by a public prosecutor who represents the State, usually after the State prosecutor refuses to proceed with the case for any reason, including want of evidence.

Very basically, in a private prosecution, a citizen or organisation approaches the court to present evidence on each element of the alleged offence, and the judge makes a ruling, including a jail term.

Kereke, a former advisor to ex-Reserve Bank of Zimbabwe governor Gideon Gono, is accused of raping an 11-year-old relative at gunpoint at his home in Vainona, Harare five years ago.

He denies the allegations, claiming it was a smear campaign.

The ruling by Justice Happias Zhou follows an application by the girls’ guardian Francis Maramwidze seeking the arrest and prosecution of Kereke on charges of rape.

Charles Warara, the alleged victim’s family attorney, confirmed to the Daily News that they had been granted the order.

“What we can say for now is that we must proceed with the private prosecution of the case,” Warara told the Daily News.

“We have certain procedures and documentation which we now have to take before the court before it kicks off. But I am not sure when it is starting.”

Warara had queried Tomana’s decision to decline prosecuting Kereke, saying it was a violation of his client’s constitutional rights to access justice.

Comments (5)

This shows the gross incompitence of the Prosecutor General. Instead of acting on a professional level, he decide to go political - just because one of his Zanu Pf lieutenants is in the dock. There are cases which the PG should decide to prosecute not because they are winnable but as a matter of principle. The PG is a father, what if it is his daughter raped then how will he feel if there is no semblance of an ounce of justice. These are cases which Zimbabweans should come together irrespective of political affiliation and march to the PG, Justice Ministry's offices and Government offices to demand Justice.

lex nhongo - 15 May 2014

@ Nhongo Note that Kereke is not a member of ZANU PF.

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