via Judiciary, Tomana private prosecution tiff deepens | The Herald March 18, 2015
The guardian of an 11-year-old girl allegedly raped by Bikita West legislator Cde Munyaradzi Kereke is seeking to oppose the Prosecutor-General Mr Johannes Tomana’s application to bar courts from interfering with his powers to decline prosecution.
Mr Tomana went to the Constitutional Court last week asking it to declare that the issuance of certificates for private prosecution only lay with the Prosecutor-General.
The spat between the judiciary and Mr Tomana heightened this week after the victim of Cde Kereke’s alleged rape sought to join the fray in a bid to oppose the application.
The family, led by Mr Francis Maramwidze, has instructed their lawyer, Mr Charles Warara of Warara and Partners, to notify Mr Tomana of their intention to be joined in the ex parte application.
In a letter dated March 12, 2015, Mr Warara wrote to Mr Tomana indicating that the family had expressed interest in his application.
He said the case had a strong bearing on the judgment the family got against Mr Tomana.
Mr Warara said the family now sought to be joined as respondent to defend their interest.
“At this stage we are not sure of the nature of the application filed, but we would want you to know that we will be applying for our client to be joined to the application with an aim to oppose that application as it seeks to undo their rights without you directing it at them,” said Mr Warara.
“It is an attempt to set aside the High Court order without citing our client.”
Mr Warara also requested the PG’s office to furnish him with the case reference number of the application and also a copy of the application to be served on him as the family lawyer.
Mr Tomana’s constitutional challenge comes after the Supreme Court, Constitutional Court and the High Court directed him to issue private prosecution certificates in cases where he had declined public prosecution.
Telecel Zimbabwe won its case for private prosecution at the Constitutional Court against the company’s shareholder, Dr Jane Mutasa who was accused of fraud involving thousands of dollars in an airtime scandal.
The High Court also ordered Mr Tomana to issue a certificate for private prosecution against Cde Kereke who is accused of raping the minor.
Mr Tomana is under pressure to comply with the orders and lawyers representing the complainants have written several letters seeking his compliance without success.
The PG argued that directing him to issue a certificate of private prosecution was tantamount to a breach of his constitutional independence.
He said the courts or any other arms could not, at law, compel him to issue the certificates.
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