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Yeukai Karengezeka
Court Correspondent
Incarcerated former Bikita West legislator Munyaradzi Kereke’s application for removal from remand and a declaratur in a US$400 000 fraud case he is facing was yesterday dismissed for lack of merit.
Kereke, who is a self actor, also made an application seeking the court to make a declaratur in respect of the right to fair trial, as well as that the State docket be declared a nullity as the same case was now before the Civil Court.
It was also the State’s contention that all subsequent remands were justified since he was facing a serious case, hence his removal from remand would be prejudicial to the complainant.
Presiding magistrate Mrs Marehwanazvo Gofa ruled that she had no jurisdiction to entertain his applications.
“A magistrate has no jurisdiction to grant any declaration. It is only the High Court in terms of the High Court rules which has the discretion to entertain cases of this nature.
“The court further held that Section 85 of the Constitution does not confer an order to the magistrate to declare any declarator,” ruled Gofa.
The matter was deferred to August 29 for routine remand.
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