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Dr Gono

Fidelis Munyoro Chief Court Reporter
The case in which former Reserve Bank of Zimbabwe Governor Dr Gideon Gono is accused of diverting US$37,5 million to his own use and circulating Cabinet minutes and military files to hostile foreign governments has been tentatively set to start in September.
Dr Gono’s ex-advisor at the bank, Dr Munyaradzi Kereke, filed suits against his former boss at both the High and Constitutional courts, saying he had evidence showing that he also abused R1,4 million and 21 500 British pounds.

Dr Kereke, who is now National Assembly representative for Bikita West, wants ZACC to investigate and arrest Dr Gono on allegations of theft, corruption and fraud committed at the time he was RBZ boss.

Lawyers representing the parties involved in the high-profile constitutional feud hammered a tentative agreement yesterday for the case to be heard on September 17 and 18.

Advocate Firoz Girach, Adv Lewis Uriri and Mr Itayi Ndudzo, who are acting for Dr Gono, Dr Kereke and Zimbabwe Anti-Corruption Commission chairman Denford Chirindo respectively, appeared before Chief Justice Godfrey Chidyausiku in Harare to map the way forward.

Afterwards, Chief Registrar of the superior courts Mr Walter Chikwana released a statement saying the parties agreed on the September 17 and 18 date.
He said Chief Justice Chidyausiku wanted parties’ counsel to address the court on whether or not Prosecutor-General Mr Johannes Tomana and Police Commissioner-General Augustine Chihuri were supposed to be cited in proceedings.

Dr Kereke

“The parties were given notice of the court’s desire to be addressed at the hearing of the matter on the joinder of the Prosecutor-General and Commissioner-General of the Zimbabwe Republic Police,” said Mr Chikwana.

“Parties also undertake to discuss the best way to proceed given the existence of a number of preliminary issues being raised in the matter by all the parties.”
The lawyers, Mr Chikwana said, undertook to draft pre-hearing minutes on the issues and would refer back to the Chief Justice before the hearing.
Several preliminary issues have been raised, which the full Constitutional Court bench has to contend with at the hearing.

Dr Kereke objected to former Finance Minister Tendai Biti’s involvement in the matter. Mr Biti represented Dr Gono before Adv Girach took over.
On the other hand, Dr Gono raised several alleged defects in Dr Kereke’s application, including that he should be barred from arguing his case because he filed his heads of argument out of time.

He also questioned why Dr Kereke had not cited ZACC and RBZ in the matter.
Dr Gono further argued that Dr Kereke’s application violated the principle of avoidance in that if a matter could be determined by any other lower court, there was no reason for that matter to be taken to the Constitutional Court.

ZACC’s lawyers argued that Dr Kereke’s failure to cite the commission weakened  his case.
They further argued that the application did not qualify for hearing in terms of Section 85 of the Constitution, which provides for direct access to the Constitutional Court in circumstances where there is an infringement of a fundamental right.

ZACC’s lawyers argued that there was no infringement of any right.
Dr Kereke has argued that ZACC was acting unconstitutionally by failing to probe allegations of abuse of public office, corruption and theft against Dr Gono.
He wrote to ZACC in 2013 outlining Dr Gono’s alleged corruption between 2006 and 2009 when he was RBZ governor.

Dr Kereke alleged that Dr Gono took more than US$37,5 million, R1,4 million and 21 500 British pounds from State coffers and converted it to personal use.
He said that Dr Gono circulated Cabinet minutes and military files to hostile foreign governments in breach of the Official Secrets Act.