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Zvikomborero Parafini
FORMER Bikita West legislator Munyaradzi Kereke’s application for a declaratur from the presiding magistrate hit a brick wall yesterday after she ruled that it was improperly before her.
Magistrate Marewanazvo Gofa threw out the application yesterday stating that she had no jurisdiction to hear it.
Kereke argued that his rights were being violated by his continued remand, without trial in a fraud case, and sought to have it thrown out as he has instituted civil proceedings against the complainant in the High Court.
The State, represented by Lancelot Mutsokoti, opposed the application arguing that it was frivolous and vexatious as they believe they have a strong case against him and investigations will be finalised soon.
Kereke is being charged together with Everisto Rukasha.
The complainant is Harare Municipal Medical Aid Society (HMMAS), a Medical Aid Society, which is a subsidiary of City of Harare.
HMMAS was established through the City of Harare Workers Union to offer Medical Aid Services to its emoloyees.
Rukasha is the CEO HMMAS but is currently on suspension while Kereke is the founder and owner of Briward (Pvt) Ltd, trading as Fortress Hospital.
The court heard that in early 2014, Kereke and Rukasha agreed to enter into an agreement of sale whereby Kereke allegedly agreed to sell his immovable property, Fortress Hospital in Ruwa, to HMMAS.
An agreement was made for the US$800 000 transaction.
HMMAS paid the full purchase price.
Then, Kereke wrote a letter to HMMAS misrepresenting that the organisation still owed him US$400 000 knowing fully well that HMMAS had paid him the purchase price in full.
Rukasha then wrote a letter, acknowledging the fake debt.
Online Reporter