HARARE – Zanu PF activist Sybeth Musengezi is now a free man after a Harare magistrate Yeukai Dzuda acquitted him at the close of the State’s case in a case in which he was being accused of fraud.

Musengezi was accused of fraud after he allegedly misrepresented his residential address to Zanu PF for personal gains.

He was denying the charges insisting that Zanu PF suffered no prejudice as a result of the alleged fraud.

The presiding magistrate upheld his application for discharge at the close of State’s case.

The magistrate said circumstances under which he became a member of Zanu PF were not issues of a criminal nature at all.

In his application for discharge, Musengezi had noted that in its outline, the State alleged that the person to whom Musengezi made the misrepresentation was one Allan Chisuko.

“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,” he said.

Musengezi was being charged with fraud after he allegedly misrepresented his residential address to his political party, Zanu PF.

This was alleged to have happened in 2012.

His arrest came at a time he had mounted a case against President Emmerson Mnangagwa, who he alleged was an illegitimate leader.

Musengezi launched the Mnangagwa legitimacy challenge in 2021, arguing that the incumbent illegally took advantage of a military coup that removed  late ‘President Robert Mugabe’ in November 2017.

The activist said Mnangagwa was ushered into office following an unlawful special session of the central committee, which was convened by unknown people, including Chinamsa and Obert Mpofu in violation of the party’s constitution.

He accused the parties of taking advantage of the unfolding Operation Restore Legacy to topple Mugabe.

His lawyers said the police charges were an attempt to strip him of his Zanu PF membership and therefore his locus standi – one’s right, ability, or capacity to bring legal proceedings in a court of law.

They also argued that the allegations were not criminal charges and were fabricated to punish his client for challenging Mnangagwa’s legitimacy.

“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,” said his lawyers.

“The issue raised in the fraud charges, regarding the address used on the forms by which Mr Musengezi became a member of Zanu PF, are not issues of a criminal nature at all. They are, in fact, issues for determination before the court in the civil case that Mr Musengezi has against the president challenging the president’s legitimacy as the leader of Zanu PF.”

Police said Musengezi’s claim that he lived at 4513 Hatcliffe Extension was an “unlawful misrepresentation” which “prejudiced Zanu PF to reputation and to good administration.”

The house allegedly belongs to one Allen Chisuko.