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CCC's Cheza wins assault case against Zanu-PF's Barbara Rwodzi
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The Masvingo High Court has ruled in favor of Patrick Cheza, the Citizens Coalition for Change (CCC) candidate who lost the Chirumhanzu parliamentary race in the 2023 general elections, and four other party members. The charges against them were dismissed on Tuesday, November 26, in a default judgment delivered by Justice Sensley Zisengwe.
Cheza and his co-accused - Elias Maduveko, Magmaster Chidyawuye, Delight Zinyemba, and Courage Mugova - were arrested in September 2023 on allegations of assaulting ZANU-PF candidate and winner of the parliamentary seat, Barbra Rwodzi.
Cheza faced charges of inciting public violence, while the other four were accused of public violence. The case stemmed from a traffic incident on August 24, 2023, involving Cheza's driver and Rwodzi's son, George Chengeta Rwodzi.
Allegations of Violence
The State alleged that following a minor accident between the two vehicles, Cheza and his supporters arrived at the scene, where Barbra Rwodzi was already present. Prosecutors claimed Cheza incited his supporters to attack Rwodzi, with Chidyawuye allegedly tripping her and attempting to stab her in the face.
Rwodzi reportedly fell to the ground, where other CCC supporters allegedly joined in, kicking her repeatedly.
Case Dismissed Due to Procedural Gaps
Justice Zisengwe dismissed the charges against the accused due to the absence of key filings from the Prosecutor General and Gweru Presiding Magistrate Beaulity Dube. The procedural gaps rendered the case untenable, leading to the default judgment in favor of Cheza and his co-accused.
The judgment was celebrated by the CCC as a victory against what they termed politically motivated charges. Cheza was represented by human rights lawyers Esau Mandipa and Leopold Mudisi.
Political and Legal Ramifications
The ruling raises questions about the handling of politically charged cases in Zimbabwe's justice system. While the CCC has welcomed the judgment, ZANU-PF supporters have expressed discontent, citing concerns over accountability.
The decision also underscores the growing scrutiny of legal processes involving opposition politicians in the country, highlighting the delicate balance between political rivalry and judicial impartiality.
Cheza and his co-accused - Elias Maduveko, Magmaster Chidyawuye, Delight Zinyemba, and Courage Mugova - were arrested in September 2023 on allegations of assaulting ZANU-PF candidate and winner of the parliamentary seat, Barbra Rwodzi.
Cheza faced charges of inciting public violence, while the other four were accused of public violence. The case stemmed from a traffic incident on August 24, 2023, involving Cheza's driver and Rwodzi's son, George Chengeta Rwodzi.
Allegations of Violence
The State alleged that following a minor accident between the two vehicles, Cheza and his supporters arrived at the scene, where Barbra Rwodzi was already present. Prosecutors claimed Cheza incited his supporters to attack Rwodzi, with Chidyawuye allegedly tripping her and attempting to stab her in the face.
Rwodzi reportedly fell to the ground, where other CCC supporters allegedly joined in, kicking her repeatedly.
Justice Zisengwe dismissed the charges against the accused due to the absence of key filings from the Prosecutor General and Gweru Presiding Magistrate Beaulity Dube. The procedural gaps rendered the case untenable, leading to the default judgment in favor of Cheza and his co-accused.
The judgment was celebrated by the CCC as a victory against what they termed politically motivated charges. Cheza was represented by human rights lawyers Esau Mandipa and Leopold Mudisi.
Political and Legal Ramifications
The ruling raises questions about the handling of politically charged cases in Zimbabwe's justice system. While the CCC has welcomed the judgment, ZANU-PF supporters have expressed discontent, citing concerns over accountability.
The decision also underscores the growing scrutiny of legal processes involving opposition politicians in the country, highlighting the delicate balance between political rivalry and judicial impartiality.
Source - nehanda