A Harare magistrate on Friday said former Zanu PF activist Sybeth Musengezi was eligible for a ruling party membership in what his lawyers said was confirmation that he was facing baseless charges to stop him from challenging President Emmerson Mnangagwa’s legitimacy.
Musengezi was granted $30 000 bail on Friday when he
appeared before magistrate Yeukazi Dzuda after spending days in remand prison
in a case where he faces charge of falsifying his address to obtain Zanu PF
membership.
Pensioners born before 1962 are now eligible for new
hearing aids Compare Hearing Aids | Sponsored
Musengezi filed papers at the High Court in October 2021
seeking a ruling declaring null and void a November 19, 2017 Zanu PF central
committee meeting that confirmed Mnangagwa as the acting party president.
Mnangagwa later assumed the party and country’s presidency.
In opposition papers, Zanu PF argued Musengezi was a bogus
party member, who could not challenge Mnangagwa’s legitimacy.
He was arrested over a week ago with the state accusing him
of supplying fake addresses to obtain a Zanu PF membership card and to enjoy
ruling party benefits including participating in its internal elections.
In granting him bail on Friday, Dzuda said Musengezi was
eligible for a Zanu PF membership.
“The facts as they fully appear on the request for remand
form and submissions made by both counsel in court reveal that the applicant
became eligible for Zanu PF membership and held positions within the ruling
Zanu PF party,” Dzuda ruled.
“Investigations proved that the alleged addresses where it
is being said that they were fictitious were not supplied by the applicant but
by state’s informants.
“The state witness confirmed under investigations that
number 410 Sandton Park, an address supplied by the applicant has since been
verified.”
Musengezi will be back in court on June 10.
Musengezi’s lawyers said they felt vindicated after their
position that Musengezi was being persecuted for challenging Mnangagwa’s
‘unconstitutional’ takeover of power following the military coup was confirmed
by the ruling.
“The magistrates finding that he was eligible for Zanu PF
membership when he became a member of Zanu PF really underscores how baseless
these charges are,” Doug Coltart told The Standard on Friday.
“If he was eligible then he could not have defrauded Zanu
PF by becoming a member, and it really demonstrates that this case is all about
persecuting him for being someone who
had a different open view within the party, and who spoke up and took
action against unconstitutional practices within the party.”
Musengezi cited Zanu PF, Mnangagwa, Zanu PF secretary for
administration Obert Mpofu, party finance secretary Patrick Chinamasa, former
deputy president Phelekezela Mphoko and ex Zanu PF finance secretary Ignatious
Chombo as the first to fifth respondents respectively in his application
challenging Mnangagwa’s legitimacy.
In his opposing papers, Mpofu argued the High Court had no
jurisdiction to hear the case, saying Mnangagwa enjoyed presidential immunity.
Mpofu also said Musengezi was not a Zanu PF member.
Standard
0 comments:
Post a Comment