Masunda acquitted in indecent assault case

Former Harare Mayor Muchadeyi Masunda was acquitted yesterday by Harare magistrate Ayanda Ndlamini, who ruled that the State's case lacked evidence. The magistrate emphasized that proceeding further would waste both resources and time, as the prosecution had failed to substantiate the charges.

In her judgment, Ndlamini stated that there was no tangible proof to support the complainant's allegations of indecent assault. She highlighted inconsistencies in the testimony, noting that the complainant, Ropafadzo Sibusiso Chidawu, had willingly stayed at Masunda's workplace for more than two hours after the alleged incident, which undermined the claim.

The court heard that Chidawu, the daughter of the late Harare Metropolitan Affairs Minister Oliver Chidawu, had gone to Masunda's office in Milton Park, Harare, on August 4, 2023, to discuss matters related to the Oliver Mandishona Chidawu Trust, where Masunda is a trustee. Chidawu alleged that Masunda assaulted her during the encounter.

According to the complainant, Masunda wrestled her when she entered his office. She claimed to have elbowed him and later locked herself inside his office. She remained there for over two hours, eventually recording part of the meeting on her phone before returning the office keys to Masunda and leaving.

Masunda's defense, led by lawyers Tecla Mapota and Gwaunza, argued that the complainant's behavior contradicted her claims. The defense pointed to a text message Chidawu had sent after the meeting, thanking Masunda, which they argued was inconsistent with someone who had been indecently assaulted.

Further doubt was cast on the allegations when it was revealed that Chidawu reported the incident to the police nearly three months later, in November 2023, rather than in August as initially claimed. This inconsistency was seen as further evidence weakening the case.

Magistrate Ndlamini ruled that the State had failed to prove that Masunda had any sexual intent when he allegedly approached the complainant to retrieve his office keys.

Following the acquittal, Masunda expressed no ill-will towards Chidawu, stating: "I don't bear any ill-will towards Miss Ropafadzo Sibusiso Chidawu in spite of what she has done." He affirmed his commitment to his role as a co-trustee of the Oliver Mandishona Chidawu Trust, alongside fellow trustee Ngoni Kudenga, emphasizing that neither of them had personal financial interests in the trust.

Masunda further described the acquittal as the end of a "harrowing and unheard-of saga" in his long career in the legal profession, which began over 50 years ago in January 1974. He reaffirmed his dedication to fulfilling his duties in the trust for the benefit of the late Oliver Chidawu's family.

This case is one of several brought against Masunda by Chidawu, with the former mayor having already been cleared of four other similar cases.