Mystery surrounds Tomana-Kereke relationship

When Munyaradzi Kereke, the Zanu (PF) Bikita West MP accused of raping an 11-year-old girl in 2009, called for the financial empowerment of the National Prosecuting Authority recently, his remarks re-ignited debate on his relationship with Johannes Tomana.


Tomana is now the prosecutor general, having served as the attorney general for several years, and the NPA falls under his office. Kereke recently accused treasury of neglecting the NPA, saying limited funding of the authority was driving corruption.

“In Zimbabwe, whilst there is a comprehensive legal framework and multiple institutions to deal with corruption, the corruption menace is fast engulfing the entire country because of the shocking neglect by the country’s treasury to fund the National Prosecuting Authority. As a result, corruption cases take ages to be completed at the courts, whilst the resultant cashless state of the NPA becomes fertile ground for prosecutors to become corrupt,” he said.

Kereke called on the government to create financial room for the NPA without delay. But he neglected to mention the rape case, in which he is the suspect, that has failed to take off since 2009.

Not only did the police fail to take the expected action against Kereke, then advisor to the former Reserve Bank of Zimbabwe (RBZ) governor, Gideon Gono; but Tomana, first as attorney general then prosecutor general, vehemently frustrated efforts to have Kereke prosecuted.

Tongues wagging

This position by Tomana, despite senior court orders compelling the state and his office to institute private prosecution, has set tongues wagging, with many observers wondering if he is protecting Kereke.

There is a string of legal processes and events that reveal his resistance to prosecute the legislator after earlier attempts to have Kereke arrested failed to bear fruit.

In January 2014, High Court judge Happias Zhou was determined that Kereke should answer to rape charges reported against him by the 11 year-old relative’s guardian, Francis Maramwidze who had filed an application, seeking an order compelling the MP’s prosecution.

Two months later, Tomana’s office insisted that the state would not prosecute Kereke over the rape allegations and urged the complainants to pursue a private prosecution. Sharon Fero from the prosecutor-general’s office said the police and the prosecution department had acted according to their mandates by declining to prosecute Kereke.


“First and second respondents (commissioner general of police and prosecutor-general) acted accordingly and in line with their constitutional mandates,” Fero said, adding that the two institutions were independent bodies.

She said the prosecutor-general was of the view that there was no basis to prosecute Kereke, adding that the complainant could formally make an application for private prosecution. In May of the same year, the victim’s relatives were given hope when the High Court okayed the private prosecution of Kereke on charges of rape.

Supreme Court

The High Court proceeded to order Tomana to issue a private prosecution certificate. A private prosecution is a criminal proceeding initiated by an individual or private organisation instead of by a public prosecutor who represents the state. This happens usually after the state prosecutor refuses to proceed with the case for any reason, including want of evidence.

In spite of this order, Tomana’s office did not act, with Kereke subsequently approaching the Supreme Court to stop the private prosecution. The Supreme Court concurred with the High Court and dismissed Kereke’s application, yet Tomana’s office, again, did not move an inch to ensure that the politician-cum-businessman was tried for the alleged rape.

Supreme Court judges Elizabeth Gwaunza, Bharat Patel and Anne-Marie Gowora ruled that Kereke had no basis to file an appeal, since he was not part of the proceedings when the matter was heard at the High Court. Gwaunza said there was no court order joining the legislator to the proceedings.

Patel on the other hand said Kereke was supposed to first appear before the High Court to be joined as a part to the proceedings, before appealing against the court’s decision. There was an outcry from gender activists, but not loud enough to move Tomana.

In one of the letters dated December 4, 2014, the lawyer representing the girl’s guardian, Charles Warara, accused Tomana of buying time through court applications. “We wish to put it on record that we know you are buying time and we are not prepared to have another waste of time like you did before we went to court last year. We shall proceed without further delay as earlier threatened to seek an order for contempt of court against you,” he said.

Contempt of court

In January this year, Maramwidze again approached the High Court seeking an order for contempt of court against Tomana for refusing to issue a certificate to prosecute Kereke, but the matter is yet to be finalised.

“Despite several letters written specifically to the respondent requesting him to avail this certificate, respondent has remained adamant giving strange reasons for delays that have been incurred in prosecuting the case,” said Maramwidze.

“In view of all this, it is evident that the respondent does not want to comply with this court’s order. Respondent is fully wilfully refusing to oblige. Reasons advanced for non-compliance are not cogent and in the premises I seek an order of contempt of court against respondent in his personal capacity since he has effectively refused to comply with a court order,” he added. Interestingly, Tomana was recently in the eye of a storm when he remarked that girls just getting into their teens could consent to sex. This provoked a backlash from gender activists who have linked his remarks to his resistance to prosecute Kereke. – The Zimbabwean

Share this:

Arts & Entertainment

29 Comments on Mystery surrounds Tomana-Kereke relationship

  1. You really make it seem so easy with your presentation but I
    find this topic to be actually something that I think I would never understand.
    It seems too complicated and extremely broad for me.

    I’m looking forward for your next post, I will try to get the hang of it!

  2. Hey There. I discovered your weblog the usage of msn. This is a very neatly written article.
    I will be sure to bookmark it and come back to read more of your helpful info.
    Thanks for the post. I’ll certainly return.

  3. Great beat ! I would like to apprentice even as you amend your website,
    how can i subscribe for a weblog website? The account helped me a applicable deal.
    I were tiny bit acquainted of this your broadcast provided shiny clear idea

  4. Right now it appears like Expression Engine is the preferred blogging platform
    out there right now. (from what I’ve read) Is that what you are using on your blog?

  5. Hi would you mind letting me know which hosting company you’re utilizing?
    I’ve loaded your blog in 3 completely different browsers and I must say this blog loads a lot quicker
    then most. Can you recommend a good internet hosting provider
    at a reasonable price? Many thanks, I appreciate it!

  6. Greetings from Carolina! I’m bored to death at work so I decided to check out your site on my iphone during lunch
    break. I love the info you present here and can’t wait to take a look when I get
    home. I’m amazed at how fast your blog loaded on my phone ..
    I’m not even using WIFI, just 3G .. Anyways, excellent blog!

  7. Great post. I used to be checking constantly this blog and I’m
    impressed! Extremely useful information particularly the ultimate phase 🙂 I take care
    of such information much. I used to be seeking
    this particular info for a long time. Thanks and best of

  8. Spot on with this write-up, I actually feel this website
    needs a lot more attention. I’ll probably be returning to read more,
    thanks for the info!

  9. Thanks for your marvelous posting! I really
    enjoyed reading it, you might be a great author.I will make sure to bookmark your blog and will often come back down the
    road. I want to encourage yourself to continue your great writing, have a
    nice evening!

  10. I loved as much as you will receive carried out right here.
    The sketch is attractive, your authored subject matter stylish.

    nonetheless, you command get got an shakiness over that you wish be delivering the following.
    unwell unquestionably come more formerly again as exactly the same nearly
    a lot often inside case you shield this increase.

  11. Great post. I used to be checking constantly this blog and I
    am inspired! Extremely helpful info particularly the
    last part 🙂 I take care of such information a lot. I used to
    be looking for this certain information for a long time.
    Thanks and good luck.

  12. Today, I went to the beachfront with my kids. I found a sea shell and gave it to my 4
    year old daughter and said “You can hear the ocean if you put this to your ear.” She put
    the shell to her ear and screamed. There was a hermit crab
    inside and it pinched her ear. She never wants
    to go back! LoL I know this is completely off topic
    but I had to tell someone!

  13. With havin so much content and articles do
    you ever run into any issues of plagorism or copyright violation? My blog has a lot of exclusive content
    I’ve either authored myself or outsourced but it seems a lot of it is popping it
    up all over the internet without my authorization. Do you know any
    methods to help protect against content from being stolen? I’d genuinely appreciate it.

  14. I know this if off topic but I’m looking into starting my own blog and was curious what all
    is needed to get set up? I’m assuming having a blog like
    yours would cost a pretty penny? I’m not very web smart
    so I’m not 100% sure. Any suggestions or advice would be greatly appreciated.
    Many thanks

1 Trackbacks & Pingbacks

  1. ‘Unseen’ man molests granny . . . War as she confronts neighbour about the creature - Zimbabwe Consolidated News

Leave a Reply

Your email address will not be published.