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Musengezi Claims Files In Case He's Challenging Mnangagwa's Legitimacy Are Missing

Musengezi Claims Files In Case He's Challenging Mnangagwa's Legitimacy Are Missing

Sybeth Musengezi who is challenging President Emmerson Mnangagwa’s ascendancy to the post of ZANU PF party president claims that files relating to the matter have gone missing at the High Court.

In a letter seen by Pindula News, Musengezi told his lawyer, Nqobani Sithole of Ncube Attorneys that he had failed to access some documents. Reads the letter dated 03 August 2022:

Ncube Attorneys

c/o Mbidzo Muchadehama and Makoni

34 Wyvern Ave, Belvedere West. Harare

Dear Mr. Nqobani Sithole RE: PROLONGED PROSECUTION AND MISSING FILES OF HC5687/21 AT HARARE HIGH COURT

I am deeply disappointed with the progress of HC5687/21 and starting to doubt the integrity of the Harare High Court to deal with this matter.

After our meeting last week, I had to personally enquire with the High Court why the matter is taking too long to be heard and was referred to the High Court Kiosk where I downloaded all the soft copy files for HC5687/21, HC469/22 and HC4129/22. After perusing, I noticed that:

a) There is a “notice of set down on the unopposed roll” in HC5687/21 filed by Dube, Manikai & Hwacha who are representing ZANU PF, ED Mnangagwa and 4 others dated 26 January 2022 but stamped by the Registrar of the High Court on the 29. of June 2022. This document appears to have been sneaked into the court records.

b) In HC4129/22, TK Hove who are representing Goodson Nguni and FONGO may have misled the court in their notice of opposition by claiming that they filed and served Mbidzo Muchadehama and Makoni with a Notice of Set Down, Heads of Argument and a consolidated index on 10 May 2022 because:

i. The documents have not been found at Mbizo, Muchadehama and Makoni,

ii. The documents have also not been found at the High Court Kiosk. There are no soft copies of the said documents in the HC4129/22 folder at the High Court.

Upon noticing the anomalies, I checked with the Civil Registry for the hard copies but was referred to the Registrar’s office after a lady named Diza had called the Registry Supervisor Makwata who informed her that the file was of a “security nature” and they cannot handle it. The Registrar’s office referred me back to the Civil Registry to see one Tigere who said even if I am the applicant in the matter, I can not access the file but need to be represented because of the sensitivity of the matter.

However, I went back to the High Court today with your correspondence lawyers’ representative but also failed to locate or trace the files.

We proceeded to TK Hove offices in Hillside so we could get copies of the Notice of Set Down, Heads of Arguments and the Consolidated Index that they claimed to have filed. A lawyer named Kudzi mentioned he cannot give us the copies as he requires to be cleared by his bosses first because the matter is a sensitive one. However, Kudzi and their messenger, one Msaigwa both indicated that “they have also made numerous follow UPS with the High Court and finally found the files lost week but were requested by the High Court staff to bring in new copies into the files because there were a lot of missing documents in those files of the High Court”.

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6 Comments

Doug 1 month ago

ZACC should be notified so it investigates this. With such things happening, what are the chances of justice for the vendors?


zaccofficial 1 month ago

tingatifambira nyaya dzema Corruption eland arikuitwa nema mdcccc


Worzell Gummidge 1 month ago

Do not forget that the High Court of Harare & the Office of the President & Cabinet are adjacent & there is a back entrence from the OPC to the High Court. The spooks have unrestricted nocturnal access to the High Court.

One effective way of frustrating & delaying legal proceedings is to make vital court papers disappear. The service of process and filing will have to be done de novo (anew). Meanwhile time is lapsing, the matter may never be set-down for trial before the Zanu Pf Conference to be held next month. The Conference will legally endorse ED, thus curing some of the issues raised by Sybeth Musengezi. Hence the court challenge will be pointless. After the 2023 elections, the matter will have been overtaken by events & will just be a moot issue...

What a cunning way of avoiding a trial. A trial gets too much attention & publicity & it rouses the court if public opinion.


Makorokoto 1 month ago

true my learned friend

WILLIAM SONBOY CHINEMBIRI 1 month ago

No one in the High Court or judiciary has the right to interfer with Sybeth Musengezi's case. They should let His Excellency Advocate President ED Mnangagwa answer for himself.

This case is very important because His Excellency must prove that he is at helm of government by fair play and not by hook.

I urge Sybeth Musengezi to remain focussed on his case. Citizens still remember that he is being prosecuted for a case they believe is trumped up. All these are spanners which are being thrown into the engine to choke it up.

[ CITIZENS WANT THEIR EXCELLENCY TO BE CLEANSED AND SYBETH MUSENGEZI TO BE SHAMED ].

NGAAPINDE HAKE MUKOMANA CHAMISA ].

[ VOTE CCC FOR REAL CHANGE ].

Yours faithfully
William Sonboy CHINEMBIRI
[ THE BUSH LAWYER ].


Girlchild 1 month ago

Please replace "Advocate" with "Child Rapist"


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