Chief Court Reporter
The High Court has ordered Prosecutor-General Mr Johannes Tomana to issue a certificate for the private prosecution of Bikita West Member of Parliament Dr Munyaradzi Kereke on charges of rape.
Dr Kereke is alleged to have raped the then 11-year-old girl at gunpoint at his home in Vainona, Harare.
He denies the allegations, saying this was a smear campaign emanating from his acrimonious feud with the former Reserve Bank of Zimbabwe governor Dr Gideon Gono.
Dr Kereke for years worked as Dr Gono’s advisor, but the two have since fallen out.
The ruling by Justice Happias Zhou follows an application by the complainant’s guardian Mr Francis Maramwidze seeking the arrest and prosecution of Dr Kereke on charges of rape.
The complaint’s family lawyer Mr Charles Warara of Warara and Associates had argued that Mr Tomana’s decision to decline prosecuting Dr Kereke was an infringement on his client’s constitutional rights to access justice.
This, he said, was detrimental to justice delivery and Mr Tomana should not be allowed to make improper decisions.
Mrs Sharon Fero who appeared for the PG’s office had opposed the application, arguing that Mr Tomana used his discretion vested upon him in terms of the supreme law of the country.
She said her office could not be compelled to prosecute where there was no incriminating evidence against a suspect.
Mr Maramwidze claimed that he reported the alleged rape in October 2009, but police did nothing about it.