MARTIN MAWAYA
GWERU-Patrick Cheza, the pro-Chamisa and August 2023 parliamentary candidate for the Chirumanzu South constituency, took the witness stand last Friday to present evidence in support of his application for a referral of his case to the Constitutional Court.
The senior opposition figure, is jointly charged with Magmaster Chidyawuye (21), Delight Zinyemba (22), and Courage Mugova (20) for allegedly inciting Citizens Coalition for Change (CCC) members to assault Tourism Minister Barbra Rwodzi.
The incident occurred after the political rivals’ vehicles were involved in an accident along the Charandura-Chaka gravel road.
Represented by lawyers Leopold Mudisi and Esau Mandipa, Cheza challenged the validity of the criminal case against him, arguing that the presiding magistrate, Beaulity Dube, exhibited bias under political influence and grossly abused his constitutional rights.
He alleged that Dube’s refusal to discharge him at the close of the state case, despite inconsistencies in the testimonies from key state witnesses, including the complainant Rwodzi, is a clear violation of his right to a fair trial.
“Refusal of discharge by the courts on its own, where it was apparent that the state had dismally failed to prove its case, was a clear violation of my rights,” he added.
Cheza detailed testimonies from Rwodzi and other state witnesses that he claimed exonerated him and his co-accused, suggesting they were being persecuted for opposing Zanu PF misrule.
He expressed concerns that the presiding magistrate’s refusal to recuse herself from the case indicated she might be receiving instructions from third parties outside the court.
During the cross-examination, Magistrate Dube attempted to prevent Cheza from proceeding with his application for a referral, citing evidence from the state witnesses.
She argued that she had already ruled that there was a prima facie case.
However, the defense lawyers insisted that the state witnesses’ evidence in chief forms part of the submission that led to the infringement of their clients’ rights.
The defense team emphasized that Zimbabwe is a constitutional democracy, and the courts should be independent from political influences.
They submitted that their clients’ rights, as enshrined in Section 69 of the Zimbabwe Constitution, were infringed upon.
The matter adjourned to November 7 this year for defense case continuation.
Taurai Mavuto and Monica Mungwena prosecuted.
