Former Bikita West MP Munyaradzi Kereke may just see through his 14 year jail term after Supreme Court Judge, Justice Ben Hlatshwayo dismissed his appeal on both conviction and sentence.
Kereke was in 2016 jailed 14 years for raping his then 10-year-old niece at gun point.
Kereke wrote to the Supreme Court seeking the establishment of an independent tribunal to investigate alleged criminal abuse of office by Judicial Services Commission (JSC) officers who handled his High Court appeal.
He also recently lost his appeal against both conviction and sentence after High Court Judge, Charles Hungwe ruled against him.
But the Harare businessman insists through his court papers that the judgment was biased. His latest application to the Supreme Court was triggered by Judge President Justice George Chiweshe’s refusal to entertain his claims.
But Justice Hlatshwayo ruled the application was brought before him improperly.
“There being no proper appeal before the Supreme Court and there being no application for condonation pending before the Supreme Court. The Supreme Court has no jurisdiction in dealing with the application for bail filed. The matter is struck off the roll with no order as to costs,” said Justice Hlatshwayo.
According to Justice Hlatshwayo, Kereke seemed to have failed to follow procedure in filing his application.
“It is recorded that for any failure proceedings in this matter the Prosecutor General’s Office should be cited and served together with the respondent.
“The (Supreme Court) Registrar is instructed to ensure that service is effected on the relevant parties upon filing by the applicant of processes in terms of the rules,” the Supreme Court Judge said.
Kereke contends that Justice Hungwe’s judgment on appeal should be declared null and void on the ground that it allegedly contained imported new and incorrect evidence and also that court’s conduct was unconstitutional.
Four years of his jail time were suspended on condition of good behaviour. He was also acquitted on another charge of indecently assaulting the rape victim’s elder sister.