via Kereke’s bid to avoid rape prosecution fails October 17, 2014
BIKITA West Zanu PF MP Munyaradzi Kereke’s concerted efforts to thwart his prosecution on rape allegations yesterday hit a snag after the Supreme Court declined to entertain his purported appeal on the basis that it was improperly brought before it.
The former adviser to the ex-governor of the Reserve Bank filed a purported appeal to the Supreme Court challenging High Court judge Justice Happious Zhou’s order granting guardian Francis Maramwidze the right to privately prosecute him over sexual abuse perpetrated on his [Maramwidze’s] 11-year-old niece.
In declining the case, Justice Elizabeth Gwaunza asked Advocate Lewis Uriri to explain why Kereke had filed a purported appeal when in actual fact he had not been part to the High Court proceedings.
But Uriri’s answers failed to find favour with the court.
After a series of further questions from all the judges of appeal, who included Justices Bharat Patel and Anne-Mary Gowora, Uriri finally applied for the matter to be struck off the roll, which application was eventually granted.
Kereke and Maramwidze have been at each other’s throats over the failed prosecution of a sexual abuse incident which the latter claims Kereke perpetrated on his niece.
Maramwidze was finally granted an order to privately prosecute Kereke by the High Court after all his efforts to have the MP tried over rape charges were continuously being thwarted by the Office of the Prosecutor-General, which declined to prosecute him.
According to Maramwidze, sometime in October 2009, Kereke allegedly raped the girl at gunpoint at his home in Vainona, Harare, but when the matter was reported to police, no action was taken, leading to the protracted court battles.
In May this year, Justice Zhou ruled in Maramwidze’s favour and ordered the PG’s Office to issue a certificate for Kereke’s private prosecution.
Justice Zhou’s ruling, however, forced Kereke, who was not part to the High Court proceedings, to approach the Supreme Court, challenging the High Court’s decision, arguing Justice Zhou had misdirected himself.
After the court session, Maramwidze’s lawyer Charles Warara said he would soon approach the PG’s office for the certificate to take Kereke to court.
COMMENTS
My heart goes out to all rape victims who will be following such cases and thinking what chance do they have of securing a prosecution if a case goes on for 3 years?
The Police in Zimbabwe and the courts have proved how unfriendly they are to victims of rape especially where that rape is perpetrated by a member of the ruling Party ZANU-PF. Dragging out the case is only an indirect way to force the victims to withdraw their case.
How is it justice when a case goes on for 3 years?
The Tokoloshe is after these sorts of people.