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Fidelis Munyoro Harare Bureau
BIKITA West legislator Munyaradzi Kereke will be tried for rape after the High Court yesterday ordered Prosecutor-General Johannes Tomana to issue a certificate allowing private prosecutors to take up the case.
The police and the AG’s Office have so far declined to prosecute the controversial former banker.
Kereke is alleged to have raped the then 11-year-old girl who is related to him at gunpoint at his home in Vainona, Harare, sometime in October 2010.
Justice Happias Zhou allowed an application by the girl’s guardian to institute a private prosecution against Dr Kereke.
The private prosecution is a criminal proceeding initiated by an individual or private organisation instead of a public prosecutor who represents the State.
“The Prosecutor-General be and is hereby ordered to grant the applicant a certificate in terms of Section 16(1) of the Criminal Procedure and Evidence Act (Chapter 9:07),” read the judgement.
Justice Zhou said where the Prosecutor-General declined to prosecute, he was enjoined to issue a certificate once he was requested by a party who intended to institute a private prosecution.
“He has no discretion to refuse to issue the certificate,” said Justice Zhou. “His constitutionally guaranteed independence and the concomitant discretionary powers relate to making of a decision as to whether or not to prosecute, the discretion does not extend to refusing to give a certificate once there has been a request for that certificate by a party intending to prosecute.”
Justice Zhou dismissed the relief sought by the guardian to force the police to bring Kereke to court on the rape charge. He said the order sought was incompetent because the police was not responsible for the prosecution of suspects.
The guardian, through Harare lawyer, Charles Warara, claimed that he reported the alleged rape in October 2010, but police did nothing about it. Dissatisfied with the progress of the case, he approached the High Court for relief.
Kereke is denying the rape allegations, dismissing them as a smear campaign emanating from his acrimonious feud with former Reserve Bank of Zimbabwe governor, Gideon Gono, whom he worked for as an adviser.
Kereke for years worked as Gono’s advisor, but the two have since fallen out.
Online Reporter