Home » Legal and Judicial Affairs » ZACC Digs in On Kereke

THE Zimbabwe Anti-Corruption Commissions says Bikita West legislator and former central bank aiser Dr Munyaradzi Kereke has failed to establish breach of law in the discharge of the commission’s constitutional duties for the court to interfere with its operations.

“ZACC’s conduct has been squarely within the bounds of law and no basis exists for legal contentions by the applicant (Dr Kereke),” said Mr Farai Mutamangira in the heads of argument filed on Monday at the Supreme Court on behalf of his client, the commission’s chairman Mr Denford Chirindo.

Mr Chirindo and former Reserve Bank of Zimbabwe Governor Dr Gideon Gono are listed as respondents in the case.

ZACC wants the highest court in the land to dismiss Dr Kereke’s constitutional application to force the commission to investigate Dr Gono on corruption charges allegedly committed during his tenure at the helm of the central bank.

In the application filed in February this year, Dr Kereke argued that ZACC’s failure to investigate allegations of abuse of office, corruption and theft levelled against Dr Gono was unconstitutional and that the commission has an obligation to receive and consider complaints from members of the public.

Mr Mutamangira contends that Dr Kereke failed to establish a solid case against his client for the court to grant him the relief he is seeking.

He also argued that Dr Kereke’s application was fatally defective because of his failure to cite ZACC on which the allegations are made and the subject of the relief sought in the matter.

This, Mr Mutamangira argued, the relief sought is factually groundless and legally inconsistent with the provisions of the Constitution, on the functions of ZACC.

“Rather awkwardly, the applicant has elected to merely cite the chairman of ZAAC. Neither the Constitution nor the common law support the stance adopted by the applicant,” said Mr Mutamangira.

The court is yet to set a date to hear the high profile case, which took a new twist after Dr Gono’s lawyer, Mr Tendai Biti, approached the court seeking to bar Dr Kereke from filing his heads of argument, which the former received last week.

Mr Biti is arguing that Dr Kereke has run out of time and his heads of argument should not be accepted for non-compliance with stipulated court rules.

The Chief Registrar of the Supreme Court, Mr Walter Chikwana, has since written to Mr Biti aising him that the dispute pitting his client and Dr Kereke was now before Chief Justice Godfrey for determination.

Source : The Herald

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