Kereke walking tight rope

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Former Bikita West MP, Munyaradzi Kereke

Bikita West MP Munyaradzi Kereke’s bid to avoid standing in the dock on charges of raping his relative’s then 11-year-old daughter at gunpoint, continued to suffer major blows, with Attorney-General (AG) Prince Machaya adding his voice in calling for the legislator’s prosecution.

BY CHARLES LAITON

Unlike Prosecutor-General (PG) Johannes Tomana, who had been trying to protect Kereke until the intervention of the Constitutional Court, which slapped him with a 30-day jail term for defying a court order, the AG’s Office has, instead, castigated Kereke for trying to avoid justice.

KEREKE

“This matter has been dragging for several years, with the applicant making frantic efforts to clutch at every straw to avoid prosecution in whatever manner and the present application, is one of his latest efforts. But it must fail on the basis that he has no locus standi,” the AG’s Office said in its court papers filed with the Constitutional Court (ConCourt) yesterday.

Since the allegations of rape arose sometime in October 2010, Kereke made frantic efforts to thwart his prosecution by filing several court applications most of which have been dismissed by the courts.

Two weeks ago, the Zanu PF MP lost his bid seeking permanent stay of prosecution at the ConCourt after the latter declined to entertain his application, but chose to deal with Tomana’s contempt of court charges instead.

Immediately after Tomana issued a certificate of private prosecution to the girl’s guardian, Francis Maramwidze, Kereke rushed to the ConCourt and filed yet another application arguing the section under which the certificate had been granted violated the PG’s constitutional right. He was granted an interdict in chambers stopping criminal proceedings.

But, Chief Justice Godfrey Chidyausiku yesterday told Kereke’s lawyers, advocates Lewis Uriri and Webster Chinamora, that the interdict had been granted on the basis that his application was scheduled to be heard and finalised by end of day yesterday.

Justice Chidyausiku’s remarks followed another application by Kereke to have the matter postponed in order to enable him to file another set of heads of argument after realising the AG’s Office had urged the court to dismiss his application.

However, his application was granted but with a costly price: “The court unanimously made the following order: Application for postponement is granted upon the following conditions: (1) The registrar is directed to set this matter down for hearing on the earliest available date next term; (2) The order staying criminal proceedings pending determination of this matter be and is hereby discharged,” Justice Chidyausiku said.

The AG’s Office also filed an affidavit opposing Kereke’s application, arguing he had no locus standi to file an application challenging the constitutionality of a law on behalf of Tomana.

“It is humbly submitted that the applicant (Kereke) does not at all have that legal standing at law to bring the present application. The provisions of section 85 of the Constitution, which would ordinarily confer locus standi on him are clear, they do not cover him,” AG’s representative, Olivia Zvedi submitted in her response on behalf of Machaya, Tomana and the Minister of Justice.

Zvedi further said since Kereke had brought the application on the basis that section 16 of the Criminal Procedure and Evidence (CP&E) Act compromised the independence of the PG, no right that related to him personally had been infringed.

“Applicant, who is a suspected person, does not have an interest of a legal nature which is sufficient to create a locus standi on his behalf. He has no prosecutorial powers and he cannot therefore argue that section 16 of the CP&E Act violates his rights to equal protection and benefit of the law.”

Commenting after the proceedings, Charles Warara, who is representing Maramwidze, said: “We will now approach the prosecution at the magistrates’ court for a set-down date to have the matter tried. I think we will have the matter before Christmas this year.”

19 COMMENTS

  1. This is good news fot the guardian,girl child and the whole zimbabwe nation. Its good for those who respect the rule of law and a lesson to all those who abuse the rights of the girl child. Now Kereke can have his day in court. We hope that after 5 years this case can be heard and concluded urgently so that the girl child can see that justice is done.After the case is concluded the girl child can start the healing process. Well done Concourt!

    • this case is not true and we all know its just a political game.Kereke is not that cheap to prey for a 11 year old minor ,never not even a 16 year old girl.
      The guy is politically tainted for exposing misappropriation of RBZ funds by Gono onbehalf of some powerful people.

  2. So one thinks,belives that as long as they’re rich&well connected politically they may as well get away with murder?Justice must prevail if our girls’re to be safe.

  3. Now he is reaching for the final rope.plead temporary insanity when he committed the offence. After enriching lawyers and shady politicos to avoid prosecution why not spread the cheer around by paying off some pyschiatrist and pyscholoists out there…Things are not easy out there and everyone deserves their turn at the feeding trough…Kereke must be seen to be fair, particulary on this score..It is Christmas for Christ’ sake!

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  4. Where are the women and girl child protection groups? They should be fighting tooth and nail to see this moron rot in jail. Shuwa here raping a minor at gunpoint. Let justice prevail for the girl child

    • @Girl Child- You can forget about that grouping…but it was an issue of wearing ‘guvhu out’ they would be everywhere. The leadership in most of those bodies are just there for the fun associated with not anything serious..no thanks! If you trace their history what milestone have they covered over the years except ‘guvhu out?’

    • @Girl child- In case you have not heard there are two key words that will get them into action: ‘Guvhu out’…If you want to wake them from their deep slumber just cry out , ‘Guvhu out’ without this pass word you are just wasting your time talking to them about issues like child abuse. Such issues are four letter words to them, so they close their ears with really good cotton ear plugs!

  5. rogue crook. why is this pagan being entertained. should join his fraternal bastard gumbura as soon as yesterday.

  6. Kana wakabata mwana uyu zvokwadi Kereke uri svina yemunhu. He-e ! Svina yemunhu, zidu….. chairo. Rikonyerei muchitokisi. Wezhira.

  7. This is a man who said he wrote Gono’s thesis for Gono to have his PHD but was never questioned because I thought it was a crime to do that. A brute who attack an 11 year old with a gun and wants the case swept away sighting constitutional rights, whose rights, a rapist’s right?

    • @Girl Child- You can forget about that grouping…but it was an issue of wearing ‘guvhu out’ they would be everywhere. The leadership in most of those bodies are just there for the fun associated with not anything serious..no thanks! If you trace their history what milestone have they covered over the years except ‘guvhu out?’ and like Maita says ‘brute’ becomes an appropriate operative word to describe such vampire vermin (if these allegation are true)

  8. By-election in Bikita very soon. Remember when you had a party at your homestead telling poor villagers that if they bewitch your mother because of the RBZ looted generator you would shoot them, they will be laughing all the way to the tsime wakandwa pedyo na Gumbura.

  9. True the prosecution should have been brought by women groups including Dr Amai.What is her role if not to protect girls and women.Basa ravo ndereiko!!

    • Usatarisire zvakawanda kubva kupfambi dzinozviti dzakamirira kodzero dzevanhukadzi. Uyo wawati Ami itsvingudzi yaita mwana iine 13years.

  10. Howfar true z this? Z it not planned game! Z not a political ssue? I wil left with more questions than answers. This z how Zanu pf do!

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