By Wezhira Munya
On June 13th, 2024, the Gweru Magistrate’s Court delivered a judgment of acquittal for President Nelson Chamisa’s close associate and the former Citizens Coalition for Change (CCC) parliamentary candidate for Chirumhanzu South in the August 2023 elections, Honourable Patrick Cheza. Hon. Cheza had been facing charges of assault, robbery, and malicious damage to property, along with four co-defendants.
Hon. Cheza (age 51), along with his co-accused Tinashe Moyo (47), Tanyaradzwa Marimbe (23), Christopher Mutoboni (33), and Alex Gamuchirai (37), were all found not guilty by Gweru Provincial Magistrate Tavengwa Sangster at the close of the prosecution’s case. In his ruling, Magistrate Sangster stated that the evidence presented by the state was inconsistent and unreliable, failing to establish a prima facie case against the accused individuals.
Elaborating on his decision, Magistrate Sangster asserted that the law permits the discharge of accused persons in the absence of sufficiently compelling evidence to substantiate the claims. He noted that the state had even conceded that there was no prima facie case against the defendants.
Hon. Cheza, who was represented by the prominent lawyers Esau Mandipa and Leopold Mudisi, expressed his satisfaction with the ruling, stating, “I am delighted that I have been acquitted, and I have consistently maintained that I did not commit any of those offenses.”
The allegations against the former CCC members stemmed from claims that they had assaulted Justice Dzaguma at Rupepwe Primary School in Chirumanzu in May of the previous year. They were also accused of assaulting a war veteran and ZANU-PF member, Mzembi Ngamo, before robbing him of US$50, a POSB bank card, and his ZANU-PF party card. Additionally, they were alleged to have taken a cellphone from Philemon Madzivanyika and damaged a pouch valued at US$3 at Mazvimba Primary School in Chirumanzu.
Meanwhile, the Gweru Provincial Magistrate, Beaulity Dube, granted the state’s application, led by prosecutors Taurai Mavuto and Monica Mungwena, to have Dr. Kelvin Nemayire testify in another case where Hon. Cheza is alleged to have incited opposition activists to assault the ZANU-PF member who is also the Tourism Minister and Chirumhanzu legislator, Barbra Rwodzi. The prosecutors argued that Dr. Nemayire’s testimony would not introduce new evidence but rather convey his medical findings to the court.
However, the defense counsel, led by Esau Mandipa and Leopold Mudisi, gave notice to appeal the ruling, citing gross injustice. They raised concerns about Dr. Nemayire’s medical credentials and the admissibility of the medical evidence, asserting that his presence in court would be an ambush. Furthermore, Mudisi contended that Dr. Nemayire had not submitted a supporting document or a sworn affidavit to the court to demonstrate that he had conducted the medical examination.
Lawyer Mandipa also reminded the court of a standing ruling that had expunged the medical findings, as the state had conceded that evidence from private hospitals is inadmissible in court. The case was adjourned to 25th June 2024 , during which time the defense counsel will file for Hon. Cheza’s discharge on 18th June 2024, while the state will submit its arguments.
