HARARE – Zanu PF activist Sybeth Musengezi has filed an application at the Harare Magistrates’ Court seeking to dismiss electoral fraud charges being levelled against him.
Musengezi stands accused of falsifying his address and Zanu PF membership, something prosecutors allege he used to illegally register as a voter in the Hatcliffe constituency.
Allegations were that sometime in 2012, Musengezi, acting in common purpose with Allen Chisuko and Taurai Mutimbanyoka, misrepresented 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.
In his appeal, Musengezi argued that the state erred by considering speculative evidence and failing to consider relevant factors.
“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 for the crime of fraud is missing,” Musengezi says in his application.
“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 activist argued that the state had insufficient evidence to proceed with trial.
In his appeal, the activist trashed the state’s position, citing discrepancies and assumptions he argued were not supported by evidence.
“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.”
Musengezi also argued that the state’s case was based on a Zanu PF cell and branch sheet collected in a haphazard manner.
“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 their presence.
“Even more catastrophically for the State’s case, the Zanu PF cell and branch sheets were proven to be full of errors relating to other members,” read parts of the appeal.
Musengezi’s court troubles followed an earlier challenge he made against President Mnangagwa’s legitimacy, something observers attach to Zanu PF’s endless factional infighting.
