News / National
Mnangagwa legitimacy challenger acquitted
24 Aug 2024 at 11:46hrs | Views
A ZANU-PF activist, Sybeth Musengezi, who challenged President Emmerson Mnangagwa's rise to power following the November 2017 coup, has been acquitted by the Harare Magistrates Court after applying for discharge at the close of the State's case.
Musengezi had been accused of fraudulently obtaining a ZANU-PF membership card. However, Harare magistrate Yeukai Dzuda ruled in his favor, stating that the State's case was weak and filled with discrepancies among its witnesses.
Magistrate Dzuda concluded that the State failed to establish a prima facie case against Musengezi.
Represented by lawyers Douglas Coltart and Nqobani Sithole, Musengezi successfully argued for his discharge.
During the trial, State witness Godwills Masimirembwa, ZANU-PF Harare chairperson, claimed that Musengezi had forged an address and was not a legitimate party member. However, Musengezi countered that Masimirembwa's testimony was irrelevant, lacking firsthand evidence pertinent to the case.
In his application for discharge, Musengezi emphasized that the State's evidence was insufficient to warrant placing him on the defense. He cited section 198(3) of the Criminal Procedure and Evidence Act, which allows for discharge if there is no evidence proving the accused committed the offense.
Musengezi had previously filed a High Court application in 2020 challenging the 2017 central committee meeting that led to the resignation of the late former President Robert Mugabe and Mnangagwa's assumption of power.
Musengezi had been accused of fraudulently obtaining a ZANU-PF membership card. However, Harare magistrate Yeukai Dzuda ruled in his favor, stating that the State's case was weak and filled with discrepancies among its witnesses.
Magistrate Dzuda concluded that the State failed to establish a prima facie case against Musengezi.
Represented by lawyers Douglas Coltart and Nqobani Sithole, Musengezi successfully argued for his discharge.
During the trial, State witness Godwills Masimirembwa, ZANU-PF Harare chairperson, claimed that Musengezi had forged an address and was not a legitimate party member. However, Musengezi countered that Masimirembwa's testimony was irrelevant, lacking firsthand evidence pertinent to the case.
In his application for discharge, Musengezi emphasized that the State's evidence was insufficient to warrant placing him on the defense. He cited section 198(3) of the Criminal Procedure and Evidence Act, which allows for discharge if there is no evidence proving the accused committed the offense.
Musengezi had previously filed a High Court application in 2020 challenging the 2017 central committee meeting that led to the resignation of the late former President Robert Mugabe and Mnangagwa's assumption of power.
Source - newsday
