Sybeth Musengezi, a brave Zanu-PF activist who challenged President Emmerson Mnangagwa’s legitimacy following a coup that installed him in 2017, has been denied access to his passport which was taken by the Clerk of Court as part of his bail conditions.
Musengezi who dragged Mnangagwa and Zanu-PF to the High Court in 2021 arguing that the November Central Committee that forced late former President Robert Mugabe to resign and install then ousted Vice President Mnangagwa as the country’s leader was illegal, is facing fraud charges as defined in Section 136 of the Criminal law Code. Chapter 9:23.
He is accused of using a fake address to join Zanu PF structures. He is out on bail.
One week ago, he applied for the temporary release of his passport. He needs to travel to South Africa on a business trip to purchase equipment for his construction company. He also argued that he was invited by a business partner to South Africa. A copy of the letter is filed on record.
It was also Musengezi’s request for temporary suspension of his reporting conditions at the Police Station.
He contended that he has already demonstrated that he is not a flight risk and the State’s case is weak for him to abscond trial at this stage. He argued that it is in the interest of justice for his passport to be released to allow him to travel.
In opposing the application, the State argued that the applicant had failed to satisfy the requirements of Section 126 of the Code to prove that the release of the passport was necessary and in the interest of justice.
It averred that in the initial bail hearing State opposed bail citing that applicant was a flight risk.
The prosecution also stated that, the court in granting the application secured the risk by having the applicant’s passport and releasing the passport will defeat the very essence of why bail was granted in the first place.
The State further noted that the “rights alluded to by the applicant are not absolute, they are subject to some limitations. They cannot be enjoyed at the expense of the interest of the administration of justice.”
Accordingly, Harare Magistrate Yeukai Dzuda dismissed Musengezi’s application saying:
“It is the Court’s view, that it should and could not take the attitude that Applicant should be trusted because he has been attending trial.
“The surrendering of the passport was conditional to applicant’s release, ordering the release of the passport will destroy the very contract that prompted the release of applicant on bail. The administration of justice will be thwarted. Accordingly application is dismissed,” Dzuda added.
