HARARE - Prosecutor-general Johannes Tomana yesterday asked for a postponement in a matter in which he is accused of failing to comply with a court order to issue a certificate for the private prosecution of Zanu PF MP for Bikita West Munyaradzi Kereke on rape allegations.
Kereke is accused of raping a girl, who was 11 at the time.
The girl’s guardian, Francis Maramwidze, through the family lawyer Charles Warara, sought Kereke’s private prosecution, claiming that the police had failed to act on the rape report since October 2009.
Despite High Court judge Happias Zhou’s order for Kereke’s private prosecution, Tomana has not acted upon the directive, prompting Maramwidze to lodge an application yesterday before High Court judge November Mtshiya.
However, Tomana asked for the court to wait until the outcome of his Constitutional Court application, in which he argued that he was the only person with the discretion to issue a certificate for private prosecution.
The matter is set for hearing on October 28.
In his High Court application, Maramwidze said that Tomana did not want to abide by the court’s ruling.
“In view of all this, it is evident that the respondent (Tomana) does not want to comply with this court’s order,” Maramwidze said.
“Respondent is fully wilfully refusing to oblige.
“Reasons advanced for non-compliance are not cogent and in the premises, I seek an order for contempt of court to be made against the respondent in his personal capacity since he has effectively refused to comply with a court order.”
Maramwidze said despite his lawyer writing several letters to Tomana, he has remained adamant, giving “strange reasons” for the delays.
He said that he decided to pursue Kereke’s private prosecution after he was convinced that the parliamentarian had a case to answer.
However, Kereke pleaded his innocence, claiming he had no case to answer and should not be prosecuted on the charges.