A Harare magistrate has acquitted ZANU PF activist Sybeth Musengezi of electoral fraud charges which had been levelled against him after he challenged President Emmerson Mnangagwa’s legitimacy.
In October 2021, in a rare internal challenge to Mnangagwa’s leadership, Musengezi filed a court application challenging the legitimacy of the ZANU PF leader’s ascension to power within the ruling party in 2017.
Musengezi sought to have Mnangagwa’s presidency nullified, arguing that his rise to the presidency of ZANU PF and the country was unconstitutional, as it did not follow proper party procedures.
Following his court application challenging Mnangagwa’s legitimacy, Musengezi was accused of falsifying his address and his ZANU PF membership.
Allegations were that sometime in 2012, Musengezi, connived with Allen Chisuko and Taurai Mutimbanyoka to misrepresent to ZANU PF that he stayed at No. 4315 Hatcliffe Extension, Harare for him to join as a member of the ruling party’s Muzinda 1A District.
As reported by ZimLive, the magistrate ruled in favour of Musengezi’s argument that the state erred by considering speculative evidence and failing to consider relevant factors. Ruled the court:
The state has failed to make out even a prima facie case that there was any misrepresentation made by the accused. Thus, at least one of the essential elements of the crime of fraud is missing.
There is absolutely no evidence whatsoever that the accused provided the information about his address to ZANU PF.
None of the State witnesses were present when the alleged misrepresentation took place and none of them even stated to whom the alleged misrepresentation was made.
The court ruled that the state evidence was insufficient to sustain trial:
The State’s case rests entirely on the ZANU PF cell and branch sheets and on an assumption, which is not backed by any evidence whatsoever, that it must have been the accused who provided the information contained therein.
However, that assumption is contradicted by the evidence before the court.
The court also ruled that the state’s case was based on a ZANU PF cell and branch sheet collected chaotically and haphazardly, “whereby information is routinely collected about people not in the presence.” The court added:
Even more catastrophically for the state’s case, the ZANU PF cell and branch sheets were proven be full of errors relating to other members.
The court also rejected the evidence submitted by the investigating officer, Panganai Gwati. It said:
The State further called Panganai Gwati, a police officer who investigated the matter. This witness stated that he was the investigating officer of the case.
He conceded that there were a lot of discrepancies in the cell sheet/registers presented to him.
He conceded that, from the face of it, the evidence presented to the court is unreliable as it clearly shows that the capturing of information on records was suspicious.
He (Gwati) conceded that the investigation carried out by him was improper and inconclusive.
Thus, an essential element of the offence was not proven, even on a prima facie basis, and therefore acquittal must follow.
