News / National
Gono, Kereke case resumes
05 Nov 2014 at 20:20hrs | Views
The legal battle between former Reserve Bank of Zimbabwe (RBZ) Governor, Dr Gideon Gono and his former advisor at the central bank, Dr Munyaradzi Kereke resumed at the Constitutional Court today with all parties arguing their case.
The full Constitutional Court bench presided over an application by Dr Kereke, through his legal counsel, Advocate Lewis Uriri, seeking to compel the Zimbabwe Anti-Corruption Commission (ZACC), the Prosecutor General and police Commissioner General to jointly investigate and prosecute Dr Gono for alleged massive corruption he committed while in charge of the central bank.
Before the commencement of the day's proceedings, Dr Kereke withdrew his application for the joinder of the Prosecutor General and the commissioner General of police tendering costs.
In the present application, Dr Kereke seeks the failure by ZACC to investigate allegations of corruption against Dr Gono to be declared a violation of his constitutional right to the protection of the law and an order compelling the commission to investigate the allegations within 30 days.
He further trashed as misplaced the position taken by the Commissioner General of police that since Dr Kereke never made a police report, there was no obligation on the part of the police service to pursue the case, saying it was contrary to the constitutional provisions which provide that the police service does not have to wait for reports but can arrest through detection of crime.
He further argued that ZACC should be obliged to collaborate with the Zimbabwe Republic Police and any other directive given by the Prosecutor General.
Itai Ndudzo of Mutamangira and Associates, who represents ZACC, counter-argued that Dr Kereke's application doesn't affect the interests of the police Commissioner General and Prosecutor General as it is directed at the anti-graft commission for allegedly not carrying out its constitutional obligation to investigate corruption charges against Dr Gono.
Ndudzo cited section 255 of the constitution which stipulates that in the exercise of its functions the anti-graft commission must be independent and free from any direction of any person.
He added that the commission after receiving a report retains the exclusive rights to exercise its discretion of exercising its constitutional obligation, hence it would not be proper for the court to order the Prosecutor General and the Commissioner General of police to be joined.
Advocate Firoz Girach, appearing for Dr Gono, said there was no contestation in the papers that the Prosecutor General was required to play any role.
He added that the Commissioner General of police said he does not have an interest in the matter so there is no violation of a constitutional duty, hence ordering his joinder would be to prejudge the matter and lend weight to the allegations.
Tineyi Dhodho from the Attorney General's Civil Division argued that the Prosecutor General is not an investigator and his functions are to prosecute, hence he has no constitutional mandate to do what the applicant seeks.
The Constitutional Court reserved its ruling over the application.
The full Constitutional Court bench presided over an application by Dr Kereke, through his legal counsel, Advocate Lewis Uriri, seeking to compel the Zimbabwe Anti-Corruption Commission (ZACC), the Prosecutor General and police Commissioner General to jointly investigate and prosecute Dr Gono for alleged massive corruption he committed while in charge of the central bank.
Before the commencement of the day's proceedings, Dr Kereke withdrew his application for the joinder of the Prosecutor General and the commissioner General of police tendering costs.
In the present application, Dr Kereke seeks the failure by ZACC to investigate allegations of corruption against Dr Gono to be declared a violation of his constitutional right to the protection of the law and an order compelling the commission to investigate the allegations within 30 days.
He further trashed as misplaced the position taken by the Commissioner General of police that since Dr Kereke never made a police report, there was no obligation on the part of the police service to pursue the case, saying it was contrary to the constitutional provisions which provide that the police service does not have to wait for reports but can arrest through detection of crime.
He further argued that ZACC should be obliged to collaborate with the Zimbabwe Republic Police and any other directive given by the Prosecutor General.
Itai Ndudzo of Mutamangira and Associates, who represents ZACC, counter-argued that Dr Kereke's application doesn't affect the interests of the police Commissioner General and Prosecutor General as it is directed at the anti-graft commission for allegedly not carrying out its constitutional obligation to investigate corruption charges against Dr Gono.
Ndudzo cited section 255 of the constitution which stipulates that in the exercise of its functions the anti-graft commission must be independent and free from any direction of any person.
He added that the commission after receiving a report retains the exclusive rights to exercise its discretion of exercising its constitutional obligation, hence it would not be proper for the court to order the Prosecutor General and the Commissioner General of police to be joined.
Advocate Firoz Girach, appearing for Dr Gono, said there was no contestation in the papers that the Prosecutor General was required to play any role.
He added that the Commissioner General of police said he does not have an interest in the matter so there is no violation of a constitutional duty, hence ordering his joinder would be to prejudge the matter and lend weight to the allegations.
Tineyi Dhodho from the Attorney General's Civil Division argued that the Prosecutor General is not an investigator and his functions are to prosecute, hence he has no constitutional mandate to do what the applicant seeks.
The Constitutional Court reserved its ruling over the application.
Source - zbc
