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Sybeth Msengezi, a ZANU-PF activist who challenged President Emmerson Mnangagwa’s ascendancy to power following the November 2017 coup, has been acquitted by the Harare Magistrates Court on a fraud charge.
Msengezi was accused of fraud, with the State alleging that he had misrepresented his residential address to ZANU-PF for personal gain – a charge he had consistently denied.
In a recent ruling that vindicated Msengezi’s position, the presiding magistrate, Yeukai Dzuda, upheld his application for discharge at the close of the State’s case.
The magistrate determined that the circumstances under which Msengezi became a member of ZANU-PF were not issues of a criminal nature.
In his application for discharge, Msengezi had highlighted that in the State’s own outline, the person to whom he was alleged to have made the misrepresentation was one Allan Chisuko. He said (via <a href="https://www.zimlive.com/mnangagwa-legitimacy-challenger-sybeth-musengezi-acquitted/">ZimLive</a>):
<blockquote>
However, none of the witnesses even stated that to be the case (which in any event would be inadmissible hearsay evidence) and Mr Chisuko, himself, was never called as a witness despite the investigating officer confirming that he was interviewed by the police.
Thus, an essential element of the offence was not proven, even on a prima facie basis, and therefore acquittal must follow.
In fact, contrary to the State Outline, all of the evidence tendered by the State actually demonstrates that it is highly likely that the accused’s defence is true and that he did not provide the addresses in question.
The State’s case rests entirely on the ZANU PF Cell and Branch sheets and on an assumption, which assumption 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.
None of the State witnesses could give first-hand evidence about how any of the information contained in the ZANU PF Cell and Branch sheets had been collected as none were present.
Therefore, none of the State witnesses could dispute the defence’s contention that the ZANU PF cell and Branch sheet information is collected in a chaotic and haphazard manner, whereby information is routinely collected about people not in the presence.
</blockquote>
Msengezi was charged with fraud after he allegedly misrepresented his residential address to the ruling party in 2012.
This charge came after Msengezi had challenged Mnangagwa’s legitimacy in 2021, arguing that the incumbent had illegally taken advantage of the military coup that removed the late President Robert Mugabe in November 2017.
Msengezi’s lawyers argued that the police charges were an attempt to strip him of his ZANU-PF membership and, consequently, his legal standing (locus standi) to challenge Mnangagwa’s ascension to power.
They contended that the allegations were not criminal in nature and were fabricated to punish Msengezi for challenging the legitimacy of the president
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

Pindula News

Sybeth Msengezi, who accused President Mnangagwa of not becoming president correctly, was found innocent of fraud charges in court. The court said there was not enough evidence to prove he committed a crime. The case against him was weak. Msengezi was accused of lying about where he lives for personal gain. He was also challenging the president's legitimacy. His lawyers said the charges were made up to punish him for speaking against the president. Msengezi said the evidence against him was not strong enough. He is now free of the charges.

Mnangagwa Legitimacy Challenger, Sybeth Musengezi, Acquitted

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 <a href="https://www.zimlive.com/mnangagwa-nemesis-cleared-of-electoral-fraud-charges/">ZimLive</a>, 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:
<blockquote>
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.
</blockquote>
The court ruled that the state evidence was insufficient to sustain trial:
<blockquote>
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.
</blockquote>
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:
<blockquote>
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.
</blockquote>
The court also rejected the evidence submitted by the investigating officer, Panganai Gwati. It said:
<blockquote>
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.
</blockquote>
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

Mnangagwa Legitimacy Challenger, Sybeth Musengezi, Acquitted Of Electoral Fraud Charges

A ZANU PF activist, Sybeth Musengezi, who is challenging President Emmerson Mnangagwa’s legitimacy, has bemoaned what he says is a lack of meaningful progress in police investigations after his home was petrol-bombed last month by unknown people.
Musengezi’s vehicle and property worth thousands of dollars were destroyed in the attack.
He has blamed his colleagues in ZANU PF for the attack and said this was an attempt to intimidate him to drop his court challenge.
Musengezi’s home was petrol-bombed ahead of a High Court sitting on his court challenge that month.
Speaking in an interview with <a href="https://www.newsday.co.zw/thestandard/news/article/200003506/ed-challenger-frustrated-with-bombing-investigations">The Standard</a> on Thursday Msengezi claimed that all the assailants are in ZANU PF leadership structures. He said:
<blockquote>
I have not received any meaningful feedback from the police with regard to investigations.
I gave them a list of my suspects but the last time I checked they had not interviewed a single one of them despite having knowledge of their business addresses which are ZANU PF offices.
The Officer-in-Charge of the Law and Order Anti-Terrorism unit said they only called the suspects three weeks ago and they promised to come when it’s convenient to them, but I can confirm that all the suspects are in ZANU PF leadership structures.
</blockquote>

Msengezi Frustrated Over "Little" Progress In Petrol Bomb Attack Investigations

The High Court Monday removed from the roll <a href="https://www.pindula.co.zw/Sybeth_Musengezi">Sybeth Musengezi</a>‘s application in which he is challenging President <a href="https://www.pindula.co.zw/Emmerson_Mnangagwa">Emmerson Mnangagwa</a>’s legitimacy as leader of the ruling ZANU PF party.
This was done to allow the Supreme Court to deal with an appeal filed by Musengezi challenging the joining of a fellow party activist, Goodson Nguni on behalf of the ruling party, in the proceedings.
High Court judge president Justice Mary Zimba Dube said it would not make sense to proceed with the trial when the appeal has not been heard.
Musengezi, however, said this was unfair as he wants the matter brought to finality, <a href="https://www.newzimbabwe.com/mnangagwa-legitimacy-challenge-struck-off-the-roll-zanu-pf-activist-musengezi-cries-foul/">NewZimbabwe</a> reported. He said:
<blockquote>
The judge president said she is removing the matter from the roll pending the Supreme Court appeal that we launched last week against the joining of Nguni and his organisation. So, she can only give us a set-down date once we have an outcome from the supreme court.
We launched the appeal last week so we are expecting to hear from the Supreme Court any time from now because we appealed on an urgent basis.
Personally, I don’t think it is a fair decision but when I tried to ask she said this is the only way to go because we cannot still have the matter on the roll when we have a pending appeal at the High Court.
</blockquote>
Musengezi approached the High Court last year claiming that Mnangagwa’s ascendancy to power in November 2017 was unconstitutional hence the need to invalidate it.
He later filed another application seeking to bar Mnangagwa from calling and or presiding over a ZANU PF Congress scheduled for this October saying he is illegitimate and hence has no right to preside over party events.
<h2><a href="https://zero.pindula.co.zw/">Pindula News</a></h2>

ED Legitimacy: High Court Removes Sybeth Musengezi's Case From The Roll

The Zimbabwe Republic Police (ZRP) has said it is investigating the <a href="https://zero.pindula.co.zw/sybeth-musengezis-house-petrol-bombed/">alleged bombing</a> of <a href="https://www.pindula.co.zw/Sybeth_Musengezi">Sybeth Musengezi</a>‘s home.
<a href="https://www.pindula.co.zw/Sybeth_Musengezi">Sybeth Musengezi</a> who is challenging President <a href="https://www.pindula.co.zw/Emmerson_Mnangagwa">Emmerson Mnangagwa</a>’s legitimacy claimed on October 1, 2022, that his Harare house had been set on fire.
He posted pictures of his burning property on social media saying his neighbours managed to extinguish the fire. Said Musengezi in posts seen by Pindula News:
<blockquote>
410 sandton on fire my house petrol bombed help please. Help please petrol bombing at my house in sandton.
This is what they have done. Thanks to the neighbourhood vadzodzima moyo nema buckets.
We managed to get out.
</blockquote>
ZRP later confirmed receiving a report about the incident. Said the police:
<blockquote>
The ZRP has received a report from Sybeth Musengezi concerning an alleged incident at his home and is now conducting investigations.
</blockquote>
Meanwhile, Musengezi is expected in court this Monday, 03 October 2022 for the continuation of the case in which he is challenging the legitimacy of President Mnangagwa.
He claims that Mnangagwa’s ascendancy to power in 2017, <a href="https://news.pindula.co.zw/2017/11/21/mugabe-resigns/">following the ouster</a> of former leader <a href="https://www.pindula.co.zw/Robert_Mugabe">Robert Mugabe</a>, was unconstitutional therefore must be nullified by the courts.
Musengezi also wants an order barring Mnangagwa from calling and or presiding over a ZANU PF elective Congress set for this month.
His critics say he is being sent by Vice President <a href="https://www.pindula.co.zw/Constantino_Chiwenga">Constantino Chiwenga</a> who is allegedly working with the remnants of the <a href="https://www.pindula.co.zw/G40_(Zanu-PF_Faction)">G40 cabal</a> in a bid to dislodge Mnangagwa from power.
<h2><a href="https://zero.pindula.co.zw/">Pindula News</a></h2>

Police Investigating Alleged Bombing Of Sybeth Musengezi's Home

<a href="https://www.pindula.co.zw/Sybeth_Musengezi">Sybeth Musengezi</a> who is challenging President Emmerson Mnangagwa’s legitimacy has said his Harare house was set on fire.
He posted on social media saying his neighbours managed to extinguish the fire. Said Musengezi in posts seen by Pindula News:
<blockquote>
410 sandton on fire my house petrol bombed help please. Help please petrol bombing at my house in sandton
This is what they have done. Thanks to the neighbourhood vadzodzima moyo nema buckets.
We managed to get out.
</blockquote>
Musengezi who has been arrested before, says President Mnangagwa’s rise to power in 2017 was unconstitutional therefore, he is not a legitimate leader.
He recently approached courts seeking an order which stops Mnangagwa from calling and or presiding over the ruling ZANU PF’s elective Congress set for this October.
Some say Musengezi is being sent by Vice President Chiwenga who is allegedly working with G40 remnants to dislodge president Mnangagwa from power. 
The fire incident at Musengezi’s residence comes the next hearing in the case he is challenging Mnangagwa’s legitimacy is set for Monday 3 October 2022. 
Only last week, Musengezi claimed that <a href="https://zero.pindula.co.zw/sybeth-musengezi-says-his-life-is-in-danger-ahead-of-mnangagwa-legitimacy-case-hearing/">his life was in danger</a> as there were some people who were following him. He said:
<blockquote>
Yes, in recent weeks, I’ve seen a number of unmarked vehicles parked just outside of my yard. Sometimes they park when I’m not there and my colleagues would call me to say there is a vehicle or vehicles without plates parked at home.
</blockquote>
He said he personally confronted those people and they just drive off. 
<h2><a href="https://zero.pindula.co.zw/">Pindula News</a></h2>

Sybeth Musengezi's House "Petrol Bombed"

<a href="https://www.pindula.co.zw/Sybeth_Musengezi">Sybeth Musengezi</a> who filed a High Court case challenging President <a href="https://www.pindula.co.zw/Emmerson_Mnangagwa">Emmerson Mnangagwa</a>‘s legitimacy says his life is in danger as he constantly receives death threats over the case.
Musengezi who claims to be a ZANU PF youth member is challenging the ascendancy of President Mnangagwa to the leadership of the party in 2017 following the demise of the late veteran leader <a href="https://www.pindula.co.zw/Robert_Mugabe">Robert Mugabe</a> saying the rise was unconstitutional.
He filed his challenge last year, but Mnangagwa’s lawyers have been pressing him to drop the High Court case while some ZANU PF activists promised to take unspecified action against him.
Musengezi last month filed another urgent High Court application seeking <a href="https://zero.pindula.co.zw/sybeth-musengezi-approaches-courts-seeking-to-stop-zanu-pf-congress/">to stop Mnangagwa from calling and presiding over ZANU PF’s elective congress</a> slated for October before the case he brought before the court is finalised.
Sources in the party believe Musengezi is a product of an alleged alliance between former <a href="https://www.pindula.co.zw/G40_(Zanu-PF_Faction)">G40</a> members and Vice-President <a href="https://www.pindula.co.zw/Constantino_Chiwenga">Constantino Chiwenga</a> in a bid to frustrate Mnangagwa’s bid to contest in 2023 elections, allegations which Musengezi has refuted.
Musengezi told <a href="https://www.newsday.co.zw/local-news/article/200000711/musengezi-case-rattles-zanu-pf">NewsDay</a> on Sunday that death threats escalated ahead of the court sitting on Wednesday this week. He said:
<blockquote>
Yes, in recent weeks, I’ve seen a number of unmarked vehicles parked just outside of my yard. Sometimes they park when I’m not there and my colleagues would call me to say there is a vehicle or vehicles without plates parked at home.
I personally confronted those people and they just drive off. I can’t really say I’m safe because I don’t know what these people are up to, but if anything is to happen to me, obviously it is people linked to the case.
I have received threats since I launched the legitimacy application last year, with people trying to intimidate me to withdraw and at one point, was arrested and detained for 10 days on a spurious charge to try and force me to withdraw the matter. So, after realising that threats and detention have failed, they have resorted to intimidation tactics.
</blockquote>
He said he would not be shaken by threats since he was doing the right thing for the country.
Musengezi is not only opposed to Mnangagwa’s rise to power, but he also does not want him to <a href="https://zero.pindula.co.zw/zanu-pf-war-veterans-league-endorses-ed-as-their-sole-presidential-candidate/">contest the 2023 presidential elections</a> saying he is too old, at 80, to lead the southern African country. In a Twitter post seen by Pindula News, he said:
<blockquote>
Mnangagwa turned 80 yday (15 September). Some Cdes are saying since he wants 5 more years as ‘president’ let’s give him. This means he’ll finish his 2nd unproductive term when he is 86. For me it’s a big NO Considering our economy, it’s very foolish to let someone this old determine our future
</blockquote>
Musengezi’s lawyer Nqobani Sithole of Ncube Attorneys confirmed the death threats which are said to have escalated since September 21, 2022 date,” Sithole said.
Meanwhile, ZANU PF political commissar <a href="https://www.pindula.co.zw/Mike_Bimha">Mike Bimha</a> claimed not to know who Musengezi was.
<h2><a href="https://zero.pindula.co.zw/">Pindula News</a></h2>

Sybeth Musengezi Says His Life Is In Danger Ahead Of Mnangagwa Legitimacy Case Hearing

ZANU PF member Sybeth Musengezi, who is challenging the legality of President Emmerson Mnangagwa’s ascendency to power at the courts, claims he is being victimised to force him to withdraw the court case.
On Thursday, Musengezi said he had made a formal report against the police for refusing to give him back his identity card which they took during interrogation. He tweeted:
<blockquote>
The police also took my metal national identity card during interrogation and up to now they have not given it back to me.
After making enquiries, they claimed ignorance. I had to make a formal report in case the ID card finds its way to a crime scene.
They put me in jail, intimidated, inhumanely treated and harassed me and those close to me so as to break my spirit and force me into submission, but that’s not gonna (going to) happen.
Since my arrest and ‘profiling’, unidentified people have been coming as they please at my house pretending to be making enquiries, some just park and sit by the roadside anytime they want.
</blockquote>
However, his lawyer Douglas Coltart told NewsDay that he had not yet been notified of the claims by his client.
Musengezi was granted $30 000 bail last week after he was arrested and spent days in remand prison for allegedly giving a false address to obtain ZANU PF party membership.
<h4>More: <a href="https://www.newsday.co.zw/2022/05/ed-challenger-strangers-camping-at-my-house/">NewsDay</a></h4>

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