Zimpapers Logo

Fidelis Munyoro Chief Court Reporter
Bikita West legislator Dr Munyaradzi Kereke, has launched a legal challenge to the validity of a statute compelling Prosecutor-General Mr Johannes Tomana, to issue a certificate for private prosecution where he declines to sue.

Mr Tomana is facing contempt of court charges in the High Court for defying a court order compelling him to issue a certificate for private prosecution of Dr Kereke on charges of rape.

Dr Kereke is accused of raping an 11-year-old girl at his Mt Pleasant home in 2010, but Mr Tomana has refused prosecution pleading lack of evidence.

In his application filed at the Constitutional Court last week, Dr Kereke cited Mr Tomana in his capacity as the PG, Attorney General Advocate Prince Machaya, Justice, Legal and Parliamentary Affairs Minister Emmerson Mnangagwa and the guardian of the minor girl, Mr Francis Maramwidze.

He wants Section 16 of the Criminal Procedure and Evidence Act, scrapped from the country’s statutes.

The legislator contends that the statute is a threat to his fundamental rights and equal protection of the law under Section 56 (1) of Constitution read together with Section 260 (1) (2) of the supreme law.

Details to follow….