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Fidelis Munyoro Chief Court Reporter
Former Bikita West legislator Munyaradzi Kereke’s chamber application for leave to prosecute his appeal at the Supreme Court in a case in which he is challenging the conviction and 14 years in prison for rape, has been rejected.
Justice Jacob Manzunzu tossed out the application on a technicality that it was defective for non-compliance with the rules of the court.
The judge concurred with lawyer, Mr Charles Warara, representing the guardian of the minor child who was raped by Kereke.
It was Mr Warara’s submission that there was no application before the court because the papers were defective as they did not comply with the rules, in particular that the application was not supported by an affidavit.
Further, the judgment of the court that was being appealed against was not made part of the application to be considered by the judge.
However, Kereke who was a self- actor in the matter, insisted that his papers were in order as they stood amended in terms of the court rules.
But Justice Manzunzu found that a chamber application should be supported by an affidavit.
Even an amended chamber application, which the former legislator filed with the court in an attempt to cure the defect could not help him.
“In casu (present case), the chamber application is incurably bad. With or without an application to amend the fact remains that the application is fatally defective and cannot be cured by whatever means,” said Justice Manzunzu.
The judge also accepted Mr Warara’s argument that there was no application before the court and struck off the application for its non-compliance with the rules.
Kereke was in 2016 jailed for 14 years for raping his then 10-year-old niece at gunpoint.
Four years of his jail time were suspended on condition of good behaviour. He was also acquitted on another charge of indecently assaulting the rape victim’s elder sister.
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