Johannes Tomana complies with ConCourt directive – Kuda Pakati kunouraya!!! BIKITA West MP Munyaradzi Kereke is now set to be prosecuted on allegations of raping his relative’s then 11-year-old daughter at gun point, after the Prosecutor General’s (PG) Office yesterday issued the girl’s guardian, Francis Maramwidze, a certificate to privately prosecute the legislator.
The certificate, according to reliable sources, was issued by Florence Ziyambi, the director of public prosecutions, as the PG, Johannes Tomana, who was last week convicted for defying court orders, was said to be out of the country on official business.
Complying with the order has saved him from a 30-day incarceration and from being banned from practising law in the country, as per the Constitutional Court’s (ConCourt) sentence.
Maramwidze’s lawyer, Charles Warara yesterday confirmed the development.
“We have finally received the certificate for private prosecution from the Prosecutor-General’s Office. It was delivered at our offices today (yesterday) around lunch hour,” he said.
“We will be approaching the Harare Regional Magistrates’ Court soon to get a set down date for the trial to commence.”
Kereke has remained outside the ambit of justice for years, while being protected by Tomana, who repeatedly refused to issue a certificate for private prosecution, despite being ordered to do so by the High and Supreme courts.
Tomana’s refusal to comply with the court orders was based on claims the independence of his office was being undermined, as he was using his discretion to ascertain whether there was sufficient evidence to prosecute Kereke.
Last week, Tomana came under fire from the full ConCourt bench, which accused him of approaching the court with dirty hands.
The court dismissed his application seeking to contest the court orders ordering him to produce certificates of private prosecution.
The court also ordered Tomana to provide Telecel Zimbabwe a certificate to privately prosecute its former director, Jane Mutasa on charges of embezzling $1,7 million from the firm.
However, it has been reported that Telecel has had a change of heart and is no longer interested in prosecuting its case.
The PG also produced a certificate of private prosecution against Vivenk Solanki, who is accused of defrauding African Medical Investments in an ownership wrangle over a hospital.