ConCourt entertains Kereke’s private prosecution challenge

THE full Constitutional Court (ConCourt) bench is today expected to entertain Bikita West MP Munyaradzi Kereke’s application challenging the constitutionality of the section of the Criminal Procedure and Evidence Act that allows private prosecution of criminal cases.


The MP’s urgent application was granted by Chief Justice Godfrey Chidyausiku two weeks ago as the parliamentarian sought to avoid his day in court on allegations of rape.


Three weeks ago, Justice Chidyausiku ordered Prosecutor-General Johannes Tomana to give the rape victim’s guardian, Francis Maramwidze, a certificate to privately prosecute Kereke.

Kereke’s application seems aimed at thwarting Maramwidze’s victory after four years of seeking justice for the minor who is alleged to have been raped at gunpoint by the legislator.

A week ago, Maramwidze’s lawyer, Charles Warara, said he was about to set the wheels of justice in motion after receiving the certificate to privately prosecute Kereke.

Warara confirmed: “We have finally received the certificate for private prosecution from the Prosecutor-General’s Office. We will be approaching the Harare Regional Magistrates’ Court soon to get a set-down date that the trial may resume.”


  1. The new Constitution 2013 ushered in a new dispensation in the administration of justice in Zimbabwe- CONSTITUTIONAL SUPREMACY! It is time for the courts to shine. Chidyausiku CJ and the your team do your job. All is set for you in section 2(1) and 167(3)!!

  2. All the suspects always cry for their day in court so that they can for once put to rest the ghost of suspicion. But the guilty are always scared like Munya Church

  3. Ko Kereke kubata madziri emusuwo wedare asi wakapara kanhi? Kana usina chawakaita togwaka upukunyuke nyaya ipere. Why all these tricks to defeat the course of justice? If Tomana said there is no evidence why are you afraid to face the courts?

  4. ….and I thought he also needs Private Prosecutions to prosecute Gono with the arsenal of evidence of looting that he has?
    The Constitutional Court has already made a determination when they asked the Prosecutor General to issue the Certificate.If they thought that there is something wrong with that in terms of the Criminal and Procedure Act,then they would have not allowed the Private Prosecution certificate to be issued.

  5. I do nt understand why this guy is scared if he did not commit the said crime.If he does nt agree to let the private prosecution then people would assume he paid his way to freedom and the world would assume he is guilty.He is being too defensive.Do hope u didnt do anything unChurchly.

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