Home » Legal and Judicial Affairs » Kereke Prosecution Gets Nod

Bikita West legislator Dr Munyaradzi Kereke is set to appear in court soon facing charges of rape after the High Court yesterday ordered Prosecutor-General Mr Johannes Tomana to issue a certificate allowing private prosecutors to take up the case if he is not interested.

Dr Kereke is alleged to have raped the then 11-year-old girl who is related to him at gunpoint at his home in Vainona, Harare, sometime in October 2010.

Justice Happias Zhou allowed an application by the girl’s guardian to institute private prosecution against Dr Kereke.

Private prosecution is a criminal proceeding initiated by an individual or private organisation, instead of a public prosecutor who represents the State.

“The second respondent (Prosecutor-General) be and is hereby ordered to grant the applicant a certificate in terms of Section 16 (1) of the Criminal Procedure and Evidence Act (Chapter 9:07),” read the judgment.

Justice Zhou said where the Prosecutor-General declined to prosecute, he was enjoined to issue a certificate once he was requested by a party who intended to institute a private prosecution.

“He has no discretion to refuse to issue the certificate,” said Justice Zhou.

“His constitutionally guaranteed independence and the concomitant discretionary powers relate to making of a decision as to whether or not to prosecute, the discretion does not extend to refusing to give a certificate once there has been a request for that certificate by a party intending to prosecute.”

Justice Zhou dismissed the relief sought by the guardian to force the police to bring Dr Kereke to court on the rape charge.

He said the order sought was incompetent because the police was not responsible for the prosecution of suspects.

The guardian claimed that he reported the alleged rape in October 2010, but police did nothing about it.

Dissatisfied with the progress of the case, the guardian approached the High Court for relief.

The guardian’s lawyer, Mr Charles Warara argued that Mr Tomana’s decision to decline prosecuting Dr Kereke was an infringement on his client’s constitutional rights to access justice.

This, he said, was detrimental to justice delivery and Mr Tomana should not be allowed “to make improper decisions”.

Ms Sharon Fero, who appeared for the PG’s office, had opposed the application, arguing that Mr Tomana used his discretion vested upon him in terms of the Constitution.

She said her office could not be compelled to prosecute where there was no incriminating evidence against a suspect.

Dr Kereke is denying the rape allegations, saying this was a smear campaign emanating from his acrimonious feud with his former boss and former Reserve Bank of Zimbabwe governor Dr Gideon Gono.

Dr Kereke for years worked as Dr Gono’s aisor, but the two have since fallen out.

Source : The Herald

Archives