ZANU PF activist Sybeth Musengezi has emerged victorious as a Harare magistrate acquitted him of fraud charges, bringing an end to a legal battle that captured the attention of the nation. This landmark ruling has not only set Musengezi free but has also raised questions about the legitimacy of President Emmerson Mnangagwa’s leadership.
Musengezi, a tenacious challenger to President Mnangagwa’s authority, had been accused of misrepresenting his residential address to ZANU PF for personal gain. However, he vehemently denied the charges, maintaining that his actions had caused no harm or prejudice to the party. It was a battle of words and credibility that culminated in a courtroom showdown.
The presiding magistrate, Dennis Mangosi, delivered a scathing rebuke to the state’s case, highlighting the lack of concrete evidence and the questionable testimonies of the prosecution’s witnesses. Mangosi concurred with Musengezi’s defense team, ruling that the state had failed to establish a prima facie case against the accused.
“These witnesses conceded that the cell sheets were unreliable sources of information. Thus, at the close of the state’s case, it is already clear that the state has failed to make out even a prima facie case that there was any misrepresentation made by the accused,” declared Magistrate Mangosi.
The defense successfully argued that the allegations against Musengezi were politically motivated, aimed at stripping him of his ZANU PF membership and undermining his legitimacy as a vocal critic of President Mnangagwa. Musengezi’s lawyers vehemently contended that the charges were nothing more than a fabricated attempt to silence dissent within the party.
“We consider the charges to be an abusive process and an appalling example of a police force that allows itself to be used by ZANU PF to silence dissenting voices within ZANU PF itself,” asserted Musengezi’s legal team.
The court’s ruling has not only exonerated Musengezi but has cast doubt on the credibility of ZANU PF’s internal records and procedures. The magistrate pointed out numerous errors and discrepancies within the ZANU PF cell and branch sheets, raising concerns about the accuracy and reliability of the information they contain.
Musengezi had launched a legal challenge against Mnangagwa, alleging that he had unlawfully assumed power following the military coup that ousted former President Robert Mugabe in 2017. This case sought to expose the alleged irregularities in Mnangagwa’s ascent to power.
