Kereke case ‘likely’ to open private prosecution floodgate

File pic: Munyaradzi Kereke arrives for his trial at the Harare Magistrates courts. — Picture by Munyaradzi Chamalimba

Fidelis Munyoro Chief Court Reporter
Courts of law across the country are likely to witness a surge in private prosecutions following the successful prosecution of Bikita West legislator Munyaradzi Kereke on charges of rape, legal experts have said.

The legal experts who spoke to The Herald yesterday concurred that the important legal precedent set in the Kereke case was a welcome milestone in the history of independent Zimbabwe.

They said the conviction and sentence of Kereke under private prosecution created not only a second alternative in terms of prosecution of criminal matters, but also gave birth to freedom of criminal litigation.

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Harare lawyer Mr Rogers Matsikidze said there is likely to be a floodgate of private prosecutions in the country: “This has created precedence that public offices can be taken on board to courts and institutions as well,” said Mr Matsikidze.

“I do not see this only ending up with individuals. I foresee, even state institutions on private prosecution. There is now freedom of criminal litigation.” He added that even NGOs that have issues with various individuals or state organs, were likely to take the same route.

Another lawyer Mr Tendai Toto welcomed the victory of private prosecution saying the development was a milestone in the history of the country’s legal system.

“The objectives that underpin the principle of private prosecution promote the right to equal protection of the law and access to justice as provided for in the Constitution,” he said.

Kereke was on Monday sent to jail for an effective 10 years for raping his 11-year-old niece at gunpoint in 2010. Regional magistrate Mr Noel Mupeiwa slapped Kereke with 14 years imprisonment, but suspended four years on condition of good behaviour.

Kereke evaded prosecution for five years after the suspended Prosecutor-General Johannes Tomana declined to prosecute him arguing there was no credible evidence.

Kereke becomes the first person to be privately prosecuted.