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Mnangagwa coup challenger granted bail, his Zanu-PF membership legitimate

The State has been found misrepresenting facts in the case of Sybeth Musengezi, a Zanu-PF youth who was jailed for more than a week over charges of faking his home address to his party in 2012.

Harare magistrate, Yeukai Dzuda on Friday granted Musengezi ZWL30 000 and ordered a cocktail of bail conditions which included surrendering his passport.

The State, represented by Anesu Chirenje, opposed bail. Musengezi is represented by top human rights lawyer Douglas Coltart.

Allegations are that, sometime in 2012, Musengezi, acting in connivance with Allen Chisuko and Taurai Mutimbanyoka, misrepresented to Zanu PF that he resided at House Number 4315 Hatcliffe Extension, Harare.

He wanted to become a member of Zanu PF Muzinda 1A District.

As a result of this alleged misrepresentation, The state claims Musengezi “fraudulently” became a member of the ruling party’s Muzinda 1A District.

But in her ruling, magistrate Dzuda said that, unlike what the State was alleging that Musengezi’s address was bogus, investigations had revealed that it was actually legitimate.

“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, his wife and children also reside there,” read the ruling.

“The State witness concede that the applicant was duly invited to attend to the police station on a scheduled date and time, he fully cooperated and attended in the company of his lawyer. It was also agreed that the 3 State witnesses who were known to the applicant have since had their statements recorded.

“In light of the foregoing the cumulative effect of the facts placed before this Honourable Court renders the applicant a suitable candidate for bail.

As part of bail conditions, the court ordered Musengezi to deposit the sum of ZWL 30 000 with the clerk of Court Harare Magistrates Court, reside at number 410 Sandton, Harare until the matter is finalised.

The brave Zanu-PF activist was also ordered not to interfere with State witnesses until the matter is finalised.

He will surrender his valid passport with Clerk of Court Harare Magistrates Court and report once a week on a Friday between 6am and 6pm at CID Law and Order Harare until the matter is finalised.

Musengezi last year dragged Mnangagwa to the High Court arguing that the President was improperly elected to lead Zanu-PF following a military coup that ousted former leader Robert Mugabe in November 2017.