The incarcerated former Bikita West legislator Munyaradzi Kereke is applying for removal from remand on the fraud charges of US$400 000 he is facing together with suspended Harare Municipal Medical Aid Society (HMMAS) chief executive officer Everisto Rukasha.
He made the application yesterday before Harare regional magistrate Mrs Marehwanazvo Gofa, without using a lawyer. He told the court that he wanted to be set free as the State has no evidence against him.
“Every person has a right to approach the court if their rights are being infringed and the administrative position by the State in this matter needs an intervention,” he said.
He further submitted that every person has a right to administrative conduct that is lawful, efficient and impartial, saying the State’s conduct on his matter falls short from these requirements.
Kereke also argued that his arrest on the case was unjustified and politically motivated. He has been on remand for the past eight months.
He also submitted that the State was aware that the matter was now before the Commercial Court and High Court as a civil matter.
He further highlighted that the agreement of sale of the hospital was done by a panel of 15 board members, hence there was no way any fraudulent act could have happened.
Mrs Gofa deferred the case to today and the State is also expected to file its written submissions.
It is the State’s case that sometime in 2014, Rukasha and Kereke signed an agreement where the latter would sell his Fotress Hospital to HMMAS.
Kereke allegedly appointed Newton Madzika, the managing director of Health Body Images, to do the transaction on his behalf.
On November 7, 2014, HMMAS met its obligation by paying the full purchase price of US$400 000.
Then on March 18, 2022, Kereke connived with Rukasha and wrote to HMMAS misrepresenting that the latter still owed him US$400 000.
Appearing for the State is Mr Lancelot Mutsokoti.
