News / National
Court dismisses bid to reverse CCC activists' acquittal
6 hrs ago | Views
The High Court on Monday dismissed an application by the Prosecutor-General seeking to overturn a default judgment that had cleared Citizens Coalition for Change (CCC) Chirumanzu South 2023 parliamentary candidate Patrick Cheza and four party activists of assault charges.
Justice Jester Helena Charewa of the Masvingo High Court ruled that the application for rescission of the default judgment lacked merit.
"The court application for rescission of default judgment whereupon after reading documents filed of record and hearing counsel, it is ordered that the application for rescission of judgment be and is hereby dismissed for lack of merit," Justice Charewa stated in her judgment.
Cheza, along with CCC activists Magmaster Chidyawuye, Delight Zinyemba, Courage Mugova, and one B. Dube, had been accused of inciting public violence and assaulting Zanu-PF legislator and Tourism Minister Barbara Rwodzi. The charges stemmed from a 2023 altercation following a road accident involving Cheza's vehicle and a car belonging to Rwodzi.
Following their trial at the Gweru Magistrates Court, a discharge application by the defence team - led by lawyers Esau Mandipa and Leopold Mudisi - was initially dismissed by Magistrate Beaulity Dube. In response, the defence successfully sought a review of the magistrate's decision at the High Court.
On November 26, 2024, the Masvingo High Court granted the review, leading to the acquittal of Cheza and his co-accused. The Prosecutor-General later returned to court, filing an application to have that judgment reversed - a move that has now been quashed by Justice Charewa.
The ruling brings to a close a high-profile legal battle that had drawn political attention due to the involvement of a cabinet minister and opposition candidates during the tense 2023 election period.
Justice Jester Helena Charewa of the Masvingo High Court ruled that the application for rescission of the default judgment lacked merit.
"The court application for rescission of default judgment whereupon after reading documents filed of record and hearing counsel, it is ordered that the application for rescission of judgment be and is hereby dismissed for lack of merit," Justice Charewa stated in her judgment.
Cheza, along with CCC activists Magmaster Chidyawuye, Delight Zinyemba, Courage Mugova, and one B. Dube, had been accused of inciting public violence and assaulting Zanu-PF legislator and Tourism Minister Barbara Rwodzi. The charges stemmed from a 2023 altercation following a road accident involving Cheza's vehicle and a car belonging to Rwodzi.
Following their trial at the Gweru Magistrates Court, a discharge application by the defence team - led by lawyers Esau Mandipa and Leopold Mudisi - was initially dismissed by Magistrate Beaulity Dube. In response, the defence successfully sought a review of the magistrate's decision at the High Court.
On November 26, 2024, the Masvingo High Court granted the review, leading to the acquittal of Cheza and his co-accused. The Prosecutor-General later returned to court, filing an application to have that judgment reversed - a move that has now been quashed by Justice Charewa.
The ruling brings to a close a high-profile legal battle that had drawn political attention due to the involvement of a cabinet minister and opposition candidates during the tense 2023 election period.
Source - newsday
