A ZANU PF activist, who challenged President Emmerson Mnangagwa’s ascendancy to power following the November 2017 coup, has been acquitted before Harare magistrates courts after he applied for discharge at the close of the State case.
Sybeth Musengezi, who was being accused of fraudulently acquiring a Zanu PF membership card appeared before Harare magistrate Yeukai Dzuda who ruled that, the State failed to make a strong case against Musengezi stating that there were discrepancies in the witnesses from the State. She further added that the State failed to prove a prima facie case against Musengezi.
Musengezi was represented by Douglas Coltart and Nqobani Sithole.
During the trial, State witness Godwills Masimirembwa, Zanu PF Harare chairperson, told the court that Musengezi forged an address and was, therefore, not a legitimate party member.
In his application for discharge, Musengezi said Masimirembwa's evidence was largely immaterial to the case as he did not have any first hand evidence that was "relevant".
"It is trite that ours is an adversarial system, a criminal matter may only proceed to the second phase if it is shown that the minimum onus has been discharged and the accused must consequently be placed on his defence,” he submitted.
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"We, therefore, move for the discharge of the accused person pursuant to the provisions of section 198(3) of the Criminal Procedure and Evidence Act."
“It is the defence's contention that the evidence led by the State falls far short of what is required to place an accused person on their defence. If anything, the evidence led by the State actually supports the accused person's defence."
The procedure of discharge at the close of the State case is sanctioned by section 198 of the Criminal Procedure and Evidence Act. It states that if at the close of the case for the prosecution there is no evidence that the accused committed the offence; the verdict should be not guilty.
Musengezi filed a High Court application in 2020 challenging a 2017 central committee meeting that resulted in the late former President Robert Mugabe stepping down and Mnangagwa assuming the reins.