Kereke booted out of Parliament
Zanu PF’s Bikita West Member of Parliament Munyaradzi Kereke was yesterday expelled from Parliament after he was sentenced to an effective 10-year jail term last week following his conviction of raping his 11-year-old niece six years ago.
National Assembly Deputy Speaker Marble Chinomona made the announcement in the Chamber yesterday. Chinomona said the ejection of Kereke from the National Assembly was in terms of Section 129 of the Constitution.
Section 129 (i) of the Constitution reads:
“The seat of a Member of Parliament becomes vacant if the Member is convicted (i) in Zimbabwe of an offence of which breach of trust, dishonest or physical violence is an essential element, (ii) or outside Zimbabwe of conduct which, if committed in Zimbabwe, would be an offence of which breach of trust, dishonest or physical violence is an essential element and sentenced to imprisonment for six months or more without the option of a fine or without the option of any other custodial punishment, unless on appeal, the Member’s conviction is set aside or the sentence of imprisonment is reduced to less than six months or a punishment other than imprisonment is substituted.”
“Accordingly, necessary administrative measures will be taken to inform His Excellence President Robert Mugabe and the Zimbabwe Electoral Commission of the existence of the vacancy in terms of the Electoral Act,” said Chinomona.
Kereke’s case had to proceed through private prosecution after suspended Prosecutor-General Johannes Tomana refused to prosecute him, saying there was no evidence linking the legislator to the offence.
Regional magistrate Mr Noel Mupeiwa sentenced Kereke to 14 years behind bars for raping his 11-year-old niece six years ago, but set aside four years for five years on condition he does not commit a similar offence within that period.
According to the case outline by the private prosecutor, sometime in March 2010, Kereke was alone with the then 11-year-old girl, whom he grabbed by the waist and pushed onto the couch before fondling her breasts.
The girl allegedly screamed, but no one heard her. On August 22, 2010, the girl’s young sister was allegedly asked to baby sit by Kereke’s wife.
When the baby fell asleep, the girl sat on the couch in the bedroom and Kereke allegedly started fondling her. He allegedly pointed the gun at the girl and threatened to shoot her if she did not comply with his orders and raped her.
Suspended Prosecutor General Johannes Tomana had declined to prosecute prompting the victim’s guardian Francis Maramwidze to pursue a private prosecution. Tomana also tried to block a private prosecution before the matter headed to a constitutional showdown.
Tomana was eventually forced to grant a private prosecution but has since been suspended for defying a court order on this and other matters.
The expulsion of Kereke means that there would be a by-election in Bikita West constituency, and comes hardly a day after Norton Member of Parliament, Christopher Mutsvangwa, was ejected from the august House after he was recalled by Zanu-PF. Nehanda Radio
