News / National
Kereke seeks Con-Court relief from rape case involving minor
08 Jan 2014 at 10:32hrs | Views
Member of Parliament (MP) for Bikita West, Munyaradzi Kereke has asked the Constitutional Court to stop the High Court from insisting that he be cited as a respondent in a rape case involving a minor.
High Court judge Happias Zhou in December ruled that Kereke, accused of raping an 11-year-old girl four years ago, should be a respondent in an application in which the girl's guardian is seeking prosecution of the maverick businessman.
Zhou ruled that Kereke, a former advisor to Reserve Bank governor Gideon Gono, should be included in the court application brought by the girl's guardian Francis Maramwidze, adding that the parliamentarian was an interested party.
Maramwidze filed a High Court application through his lawyer Charles Warara against the police and Attorney General's office, claiming that since he lodged a rape report in October 2009, nothing has been done to bring Kereke to book.
Kereke argued that Maramwidze's application did not cite his name but that of the commissioner-general of the Zimbabwe Republic Police and the Attorney General.
"The first respondent (commissioner general)'s submissions to this honourable court clearly show that the first respondent fully discharged their constitutional mandate and saw no merit for investigating further, let alone prosecuting me," Kereke said in his Con-Court application.
"The prosecution of the alleged criminal activities within Zimbabwe is under the direct control and authority of the prosecutor general of Zimbabwe who must discharge his duties independently.
"The AG made extensive submissions giving reasons why he did not prosecute this matter, being that lack of incriminating evidence.
"The first respondent (police commissioner general) and the prosecutor general are empowered to deal with the investigation and prosecution of alleged criminal activities in Zimbabwe and I can in no way influence their competent decisions on any alleged criminal matter in Zimbabwe.
"Accordingly, any court seeking to impose that obligation to investigate and prosecute any alleged criminal activity within these officers and their independent institutions, let alone on me will be clearly infringing on their independent rights to maintain law and order as enshrined in the Constitution of Zimbabwe."
Kereke claimed the police and the AG's office had concluded their investigations, clearing his name.
Kereke in his application, handled by his lawyer James Makiya, argues that the latest action was a clear act of malice against him.
He said due process was followed by the investigating authorities and that he submitted a warned and cautioned statement to Borrowdale Police Station at the material time on the "malicious false complaint" that had been lodged against him.
High Court judge Happias Zhou in December ruled that Kereke, accused of raping an 11-year-old girl four years ago, should be a respondent in an application in which the girl's guardian is seeking prosecution of the maverick businessman.
Zhou ruled that Kereke, a former advisor to Reserve Bank governor Gideon Gono, should be included in the court application brought by the girl's guardian Francis Maramwidze, adding that the parliamentarian was an interested party.
Maramwidze filed a High Court application through his lawyer Charles Warara against the police and Attorney General's office, claiming that since he lodged a rape report in October 2009, nothing has been done to bring Kereke to book.
Kereke argued that Maramwidze's application did not cite his name but that of the commissioner-general of the Zimbabwe Republic Police and the Attorney General.
"The first respondent (commissioner general)'s submissions to this honourable court clearly show that the first respondent fully discharged their constitutional mandate and saw no merit for investigating further, let alone prosecuting me," Kereke said in his Con-Court application.
"The prosecution of the alleged criminal activities within Zimbabwe is under the direct control and authority of the prosecutor general of Zimbabwe who must discharge his duties independently.
"The AG made extensive submissions giving reasons why he did not prosecute this matter, being that lack of incriminating evidence.
"The first respondent (police commissioner general) and the prosecutor general are empowered to deal with the investigation and prosecution of alleged criminal activities in Zimbabwe and I can in no way influence their competent decisions on any alleged criminal matter in Zimbabwe.
"Accordingly, any court seeking to impose that obligation to investigate and prosecute any alleged criminal activity within these officers and their independent institutions, let alone on me will be clearly infringing on their independent rights to maintain law and order as enshrined in the Constitution of Zimbabwe."
Kereke claimed the police and the AG's office had concluded their investigations, clearing his name.
Kereke in his application, handled by his lawyer James Makiya, argues that the latest action was a clear act of malice against him.
He said due process was followed by the investigating authorities and that he submitted a warned and cautioned statement to Borrowdale Police Station at the material time on the "malicious false complaint" that had been lodged against him.
Source - Daily News
