Kereke ‘rape’ saga takes new twist

via Kereke ‘rape’ saga takes new twist – NewsDay October 6, 2015

A HARARE man, Francis Maramwidze, who is seeking Bikita West MP Munyaradzi Kereke’s prosecution on rape charges, has filed a High Court application seeking Prosecutor-General Johannes Tomana’s indictment over contempt of court charges.

BY CHARLES LAITON

The matter is set to be heard today by Justice November Mtshiya.

In his founding affidavit filed this year but under reference case number HC10203/12, Maramwidze said he was seeking an order for Tomana’s prosecution in his personal capacity.

Kereke is accused of sexually abusing his 11-year-old relatives’ daughter at gunpoint sometime in October 2010. However, when the matter was reported to the police the docket was then referred to the then Attorney-General’s Office where prosecution was declined.

Maramwidze said sometime last year, the Constitutional Court (ConCourt) ordered Tomana to issue him with a certificate to privately prosecute Kereke but the former ignored the order.

“On March 3, 2014, this honourable court issued a judgment in my favour directing the respondent [Tomana] to issue a certificate to enable me to prosecute Dr Munyaradzi Kereke privately,” Maramwidze said.

“Despite several letters written specifically to the respondent requesting him to avail this certificate, the respondent has remained adamant giving strange reasons for delays that have been incurred in processing this case.

“In view of all this, it is evident that the respondent does not want to comply with this court’s order. Respondent is fully wilfully refusing to oblige. Reasons advanced for noncompliance are not cogent and in the premises I seek an order for contempt of court to be made against the respondent in his personal capacity since he has effectively refused to comply with a court order.”

In December last year, Maramwidze’s lawyers Warara and Associates Legal Practitioners wrote, to the National Prosecuting Authority [NPA] saying: “We made a specific request from your office to furnish us with a certificate for nolle prosequi [formal abandonment by a prosecutor of all or part of a lawsuit], but you have not responded. We are surprised by this attitude from your respected office. In light of this and the fact that we have the court order that we are seeking to enforce, we are now left with no choice but to file an application for contempt of court and to compel you to issue the said certificate.”

In response to the letter, the NPA denied having ignored the lawyers’ request but said the cause of the delay was the non-availability of the court’s written judgment.

“We reiterate that we are still waiting for the court’s written judgment for us to be able to attend to your request from an informed legal position,” the NPA said.

“However, it is not true that your letters on the above matter written to this office were ignored. Attached is a response written in response to your letter dated October 14, 2014 whose position has not changed to enable us to attend to the substantive issue according to your request.”