Court reserves ruling in Gono, Kereke case

HARARE - The Constitutional Court has reserved ruling in a case in which Bikita West Zanu PF MP Munyaradzi Kereke is seeking to push the Zimbabwe Anti-Corruption Commission (Zacc) to investigate ex-Reserve Bank governor Gideon Gono on corruption charges.

Kereke’s lawyer Lewis Uriri withdrew the application for a joinder but said the decision of the court will have a binding effect on prosecutor-general Johannes Tomana and the commissioner-general of police Augustine Chihuri.

Chihuri and Tomana have both refused to be party to the proceedings.

Tinei Dodo, representing the prosecutor-general and the commissioner-general of police, said the two parties cannot be joined to the case.

He said it was clear that the prosecutor-general’s office does not investigate and that there was no basis for the police to interfere with the work of Zacc.

Zacc’s lawyer Itai Ndudzo told the court the relief being sought by Kereke did not have a bearing on the prosecutor-general or the commissioner-general of police.

“The complaint of the applicant (Kereke) is that the first respondent (Zacc) has not performed its constitutional mandate to investigate corruption.

“The applicant has not sought the involvement of the police in the investigation of this case,” Ndudzo said.

Gono’s lawyer Firoz Girach said the prosecutor-general cannot be joined to the proceedings because he does not have a direct substantial interest in the case.

Chief Justice Godfrey Chidyausiku, who was leading the full Constitutional Court bench of nine judges, reserved ruling in the matter.

Kereke is former advisor to Gono who resigned as RBZ governor in November last year at the end of his second five-year term.

Kereke told the court that the failure by Zacc to investigate allegations of abuse of office and corruption was unconstitutional, adding the anti-graft body has an obligation to receive and consider complaints from the public.

Kereke asked the Constitutional Court to declare Zacc’s refusal to investigate the matter unconstitutional.

In their heads of argument, Chihuri and Tomana said Kereke had indicated his intention to withdraw the application for a joinder but the court directed the parties to address it on the joinder.

“The 3rd and 4th respondents (Chihuri and Tomana) have no duty or authority, in terms of the Constitution, to undertake the tasks the applicant seeks to have them compelled to undertake,” they said.

They added that the matter could be dealt with and concluded without their involvement.

They said the joinder will not assist in the determination and resolution of the dispute.

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