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Court Reporter
Zanu-PF Bikita West legislator Munyaradzi Kereke has been summoned to the Harare Magistrates’ Court on charges of raping an 11-year-old relative. The matter is set for private prosecution on January 11.
The complainant’s family lawyer, Mr Charles Warara of Warara and Associates law firm, is prosecuting.
This comes after the High Court ordered Prosecutor-General Mr Johannes Tomana to issue a certificate for private prosecution on the matter.
The ruling by Justice Happias Zhou follows an application by the complainant’s guardian, Mr Francis Maramwidze, seeking the arrest and prosecution of Kereke on charges of rape.
Mr Maramwidze claimed that he reported the alleged rape in October 2009, but police did nothing about it.
Kereke is accused of sexually abusing his 11-year-old relatives at gunpoint at his home in Vainona, Harare.
However, when the matter was reported to the police the docket was then referred to the then Attorney-General’s Office where prosecution was declined.
Kereke denies the allegations, saying this was a smear campaign emanating from his acrimonious feud with former Reserve Bank of Zimbabwe governor Dr Gideon Gono.
Kereke worked as Dr Gono’s advisor, but the two have since fallen out.
Mr Warara had argued that Mr Tomana’s decision to decline prosecuting Kereke was an infringement on his client’s constitutional rights to access justice.
This, he said, was detrimental to justice delivery and Mr Tomana should not be allowed to make improper decisions.
In response, Mrs Sharon Fero who appeared for the PG’s Office argued that Mr Tomana used his discretion vested upon him in terms of the supreme law of the country.
She said her office could not be compelled to prosecute where there was no incriminating evidence against a suspect.
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