Mnangagwa – In a dramatic legal twist, a Harare magistrate has withdrawn assault charges against former Zanu-PF member Sybeth Musengezi after the State’s key witness failed to appear in court. The withdrawal renews focus on Musengezi’s high-profile legal battles—particularly his controversial challenge to the legitimacy of President Emmerson Mnangagwa’s rise to power.
Musengezi was accused of assaulting airtime vendor Norest Taruberekere during a heated press conference in Harare, where he was addressing the media on Zimbabwe’s struggling economy. The event spiraled into chaos when two masked men dressed in green vendor aprons stormed the venue, destroyed banners, and disrupted proceedings. Police quickly intervened and removed Musengezi from the Media Centre, escorting him onto a waiting police vehicle outside.
Despite the dramatic events, the assault case collapsed before Magistrate Kudzai Mthombeni. Prosecutor Takudzwa Jambawo informed the court that the complainant, Taruberekere, could not be located. With no testimony from the alleged victim, the prosecution had no choice but to withdraw the charges.
Musengezi was represented by prominent human rights lawyer Doug Coltart. With the assault matter now off the table, attention shifts back to Musengezi’s ongoing legal fight against Mnangagwa and the Zanu-PF establishment.
Mnangagwa’s Legitimacy Still Under Legal Scrutiny
Sybeth Musengezi rose to prominence after Zimbabwe’s 2017 military-assisted transition of power, which saw then-President Robert Mugabe ousted and Mnangagwa installed as his successor. While Zanu-PF heralded the transition as a peaceful “restoration of democracy,” Musengezi took a divergent stance—arguing that Mnangagwa’s appointment was constitutionally and procedurally flawed.
In a 2021 High Court application, Musengezi sought to nullify Mnangagwa’s leadership of Zanu-PF, claiming the party’s central committee meeting that removed Mugabe was held unlawfully. He asserted that Mugabe, who was still fit and presiding over public duties such as a Zimbabwe Open University graduation ceremony on the same day, had not resigned or been declared incapacitated as required by party protocol.
Musengezi argued that Zanu-PF leadership had deliberately spread falsehoods regarding Mugabe’s capacity to serve, paving the way for Mnangagwa’s unlawful ascent. In the same application, he requested that the High Court order the then-Vice President, Phelekezela Mphoko, to convene a special Zanu-PF congress to fill leadership positions in accordance with the party’s constitution.
The ruling Zanu-PF party swiftly dismissed Musengezi’s challenge, arguing that Mnangagwa, as a sitting head of state, enjoys immunity from both civil and criminal proceedings. Party lawyers maintained that the legal case lacked merit and accused Musengezi of exploiting the courts for political gain.
Despite the setback, Musengezi’s legal team has remained adamant that the fight is far from over. They argue that the integrity of Zimbabwe’s democratic institutions hinges on whether Mnangagwa’s rise adhered to constitutional standards—both within the party and the nation.
Now that the assault charges have been dropped, Musengezi’s legal energy is likely to be redirected toward his original challenge against Mnangagwa. While the assault case may have served as a temporary distraction, its collapse reinforces Musengezi’s public image as a political underdog unafraid to take on Zimbabwe’s most powerful figures.
Observers see the timing of these events as significant. With Zimbabwe still facing economic difficulties, public trust in leadership is increasingly fragile. Musengezi’s persistence may reignite debates over Mnangagwa’s legitimacy, even as the ruling party projects unity ahead of potential future elections
Although the court dismissed the assault case, the saga surrounding Sybeth Musengezi is far from over. His legal battles pose a rare internal challenge to Zanu-PF—one that directly questions Mnangagwa’s authority at both the party and national level.
Whether or not the courts will ever rule in Musengezi’s favor remains to be seen, but his actions have already carved a unique place in Zimbabwe’s political landscape. As pressure mounts and political tensions simmer beneath the surface, the battle between Musengezi and Mnangagwa continues to symbolize the ongoing contest over the soul of Zanu-PF and the future of Zimbabwe’s democracy.
Source- Bulawayo 24
