THE rape case levelled against Bikita West MP Munyaradzi Kereke has taken a new twist with the complainant’s guardian, Francis Maramwidze, threatening to sue the Prosecutor-General (AG)’s Office for contempt of court after it allegedly defied a Constitutional Court (ConCourt) order to have the legislator privately prosecuted.
CHARLES LAITON SENIOR COURT REPORTER
Kereke allegedly sexually abused his 11-year-old relative’s daughter at gunpoint in October 2010. The matter was initially reported to police who then referred the docket to the then AG)’ Office but prosecution was declined.
However, sometime in May this year, the matter was heard at the ConCourt where Maramwidze won the case and the National Prosecuting Authority (NPA) was ordered to issue him with a certificate to privately prosecute Kereke.
In a letter dated December 2 2014, addressed to the NPA, Maramwidze’s lawyers Warara and Associates Legal Practitioners accused the threatened to file contempt of court charges.
“We made specific request from your office to furnish us with a certificate nolle prosequi, but you have not responded. We are surprised by this attitude from your respected office. In light of this and the fact that we have the court order that we are seeking to enforce we are now left with no choice, but to file an application for contempt of court and to compel you to issue the said certificate,” the lawyers said.
However, the NPA denied having ignored the lawyers’ request but blamed the delay on the non-availability of the court’s written judgment.
“We reiterate that we are still waiting for the court’s written judgment for us to be able to attend to your request from an informed legal position,” the NPA said.
- Chamisa under fire over US$120K donation
- Mavhunga puts DeMbare into Chibuku quarterfinals
- Pension funds bet on Cabora Bassa oilfields
- Councils defy govt fire tender directive
Keep Reading
“However, it is not true that your letters on the above matter written to this office were ignored. Attached is a response written in response to your letter dated October 14 2014 whose position has not changed to enable us to attend to the substantive issue according to your request.”
On Monday last week, Maramwidze’s lawyer Charles Warara wrote again to the NPA raising his concerns over the reluctance of the prosecuting authority to issue the certificate and warned he would apply for costs from individuals at the NPA’s office.
“What we have advised you already still stands, you will do well to heed that request for the certificate or we will file the application before close of this week. We shall seek costs to be paid personally by individuals who are perpetrating this disregard of a court order at tax payer’s expense. You will do well to keep the public’s confidence in your office,” Warara said.
