Bikita West legislator Munyaradzi Kereke’s trial on charges of raping an 11-year-old relative will now commence after the Constitutional Court yesterday revoked the interdict stopping his prosecution. Two weeks ago, Kereke won a reprieve to stay the criminal proceedings against him until his constitutional challenge to the validity of a statute allowing private prosecution was decided but yesterday the tide turned against the legislator after his lawyers were served with papers from the Prosecutor-General’s Office declining to support his case.
His team of lawyers led by Advocate Lewis Uriri had to seek a brief adjournment to consider their case and when the court resumed the defence applied for a postponement. But Chief Justice Godfrey Chidyausiku told the lawyer that in the event that Kereke wanted a postponement the interdict would be revoked.
He warned the defence that if they wanted it extended, they had to convince the judges. After the lawyers and their client deliberated over the case, Adv Uriri applied for postponement to an earliest date next year. He restricted his argument to the postponement and left the issue on the interdict in the hands of the court.
The PG’s representative, Ms Olivia Zvedi, did not oppose the application but the victim’s family lawyer, Mr Charles Warara, opposed the application arguing it lacked merit. After hearing submissions presented before the court, the full bench of the Constitutional Court unanimously agreed to grant the postponement, but with a condition that the interdict was discharged.
“The application for postponement is granted upon the following condition — that the registrar is directed to set this matter for hearing at the earliest available date next term,” he said.
“The order staying the criminal proceedings pending the determination of this matter be and is hereby discharged.” In its response to Kereke’s application, the PG’s Office stated in its papers that the challenged Act placed an obligation to issue a private prosecution certificate on the PG’s Office and not on the legislator.
“In this case the applicant (Dr Kereke) has failed to establish that a constitutional right in respect to himself has been or is likely to be violated,” she stated. In that regard the PG’s Office urged the court to make a finding that Kereke had no legal standing to bring such an application in terms of the provisions of the Constitution.
Mr Warara welcomed the court’s decision saying they will proceed with prosecution of Kereke.Herald
2 Comments