Mnangagwa legitimacy challenger Musengezi acquitted of fraud charges

By News Hour

HARARE – Zanu PF activist Sybeth Musengezi has been acquitted of fraud by Harare Magistrate Yeukai Dzuda, who dismissed the charges at the conclusion of the state’s case.

Musengezi faced allegations of fraud for supposedly misrepresenting his residential address to Zanu PF for personal gain.

He denied the charges, asserting that Zanu PF suffered no prejudice from the alleged misrepresentation.

Magistrate Dzuda granted Musengezi’s application for discharge, concluding that the circumstances of his Zanu PF membership were not of a criminal nature.

In his application for discharge, Musengezi had noted that in its outline, the state alleged that the person to whom Musengezi made the misrepresentation was one Allan Chisuko.

“However, none of the witnesses even stated that to be the case (which in any event would be inadmissible hearsay evidence) and Mr Chisuko, himself, was never called as a witness despite the investigating officer confirming that he was interviewed by the police.

“Thus, an essential element of the offence was not proven, even on a prima facie basis, and therefore acquittal must follow.

“In fact, contrary to the state outline, all of the evidence tendered by the state actually demonstrates that it is highly likely that the accused’s defence is true, and that he did not provide the addresses in question,” said Musengezi.

Musengezi’s defense further argued that the State’s case was based on unsubstantiated assumptions and inadmissible hearsay.

“The state’s case rests entirely on the Zanu PF cell and branch sheets and on an assumption, which assumption is not backed by any evidence whatsoever, that it must have been the accused who provided the information contained therein.

“However, that assumption is contradicted by the evidence before the court.

“None of the state witnesses could give first hand evidence about how any of the information contained in the Zanu PF cell and branch sheets had been collected as none were present.

“Therefore, none of the State witnesses could dispute the defence’s contention that the Zanu PF cell and branch sheet information is collected in a chaotic and haphazard manner, whereby information is routinely collected about people not in the presence,” said Musengezi.

The magistrate highlighted that the state’s case lacked essential evidence, particularly since Allan Chisuko, the alleged victim of the misrepresentation, was neither called as a witness nor could be directly verified by the evidence presented.

Musengezi’s fraud case coincided with his broader legal challenge against president Emmerson Mnangagwa.

Musengezi has claimed that Mnangagwa’s presidency is illegitimate, arguing that Mnangagwa’s ascent to power followed an unlawful military intervention that removed late president Robert Mugabe in November 2017.

Musengezi contends that Mnangagwa’s appointment resulted from a special session of Zanu PF’s central committee, conducted in violation of the party’s constitution.

Musengezi’s legal team alleged that the fraud charges were politically motivated and aimed at undermining his challenge to Mnangagwa’s legitimacy.

They described the charges as a misuse of legal processes intended to silence dissent within Zanu PF.

Police had accused Musengezi of unlawfully representing his address as 4513 Hatcliffe Extension, a property supposedly belonging to Chisuko, claiming it prejudiced Zanu PF’s reputation and administration.

However, the court found that these charges were not substantiated by sufficient evidence.

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