Sybeth Musengezi, who was arrested last week on charges of
fraudulently obtaining a Zanu PF membership card, will return to the Harare
magistrates’ court tomorrow for the continuation of his bail hearing.
His hearing has already been postponed twice.
The court was told that Musengezi used fake addresses to
obtain the party’s membership card.
Prosecutors argued that six witnesses were likely to
testify and that Musengezi was aware of three witnesses, Taurai Mutimbanyoka,
Allan Chisokoyo, and one Godknows.
According to court papers, Musengezi enjoyed benefits
entitled to Zanu PF members after his alleged fraudulent activities.
Musengezi’s lawyer Nqobani Sithole of Ncube Attorneys told
The Standard yesterday that Musengezi would appear at the Magistrates Court
tomorrow seeking bail.
Last year, the Zanu PF activist approached the High Court
challenging Mnangagwa’s ascendancy to power in 2017 following the coup that
toppled long time ruler Robert Mugabe.
Musengezi is seeking a ruling declaring null and void a
November 19, 2017 Zanu PF central committee meeting that confirmed Mnangagwa as
the acting party president.
He argued that Zanu PF violated its own constitution when
it elevated Mnangagwa and the case has been likened to the Mashavira versus MDC
case where the Supreme Court ruled in 2020 that Nelson Chamisa’s takeover from
the late Morgan Tsvangirai was null and void.
Chamisa was said to have violated the MDC constitution.
There have been attempts to force Musengezi to drop his
case through court applications by people associated with Zanu PF.
Last month, Musengezi told The Standard that there was a
plot to arrest him to collapse his case challenging Mnangagwa’s legitimacy.
He also said he was facing death threats.
This was after former Zimbabwe Anti-Corruption commissioner
Goodson Nguni filed a joinder on behalf of Mnangagwa even though he was not
cited in Musengezi’s court application.
In his affidavit filed on March 16, Nguni claimed that
Musengezi had skipped the border and called on the courts to force him to
disclose his whereabouts.
Last year, Zanu PF threatened to sue Musengezi’s lawyers to
force him to withdraw his court challenge.
Zanu PF secretary for Administration Obert Mpofu argued the
High Court has no jurisdiction to hear the case, claiming that Mnangagwa
enjoyed presidential immunity.
He said Musengezi had not exhausted Zanu PF’s internal
remedies, in what legal experts argued was an admission that he was a ruling
party member.
Sithole told the VOA that “the issue which is unfortunate
in all these allegations is that Zanu PF is locked in a dispute arising from
Mnangagwa’s rise into power within Zanu PF as contested by Musengezi.
“What is common cause is that there is litigation that is
proceeding at the High Court in Harare where Musengezi has challenged
Mnangagwa’s ascendancy into power.”
“So, it is the same spirit and allegation that is now being
investigated by the Law and Order Section of the police.
“Surely, the police have been weaponised to deal with
descents within Zanu PF political party and it is being used to frustrate or
harass certain individuals in Zanu PF.”
He added: “The allegations are disturbing. There is no
substance in that allegation or those allegations since they are two and it is
an unfortunate state of affairs wherein individuals within their political
parties will be taking disputes within their parties to the police and the
police gladly take them up purporting to be investigating them.
“I was not born during the Rhodesian administration but I
think we are quietly gladiating towards that. There is no substance to these
allegations. It’s very unfortunate.” Standard
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