The High Court has dismissed a review application filed by Citizens Coalition for Change (CCC) legislator for Makoni Central, Patrick Sagandira, and five other party members who are facing charges of public violence and assaulting Zanu PF election agents.
Sagandira, together with Teddy Chipere, Adam Tumbewe, Molleen Chihota, Bruce Muswe and Taurai Dzuda, had their application for discharge at the close of the state’s case thrown out by Rusape magistrate Barbara Mateko.
They approached the High Court for review, arguing that the magistrate's decision was grossly irregular and unreasonable.
They argued that no prima facie case had been established by the prosecution, and that Mateko had relied on inconsistent and unreliable witness testimony.
They also submitted that the circumstantial evidence did not point to a single logical conclusion and was largely inconclusive.
However, High Court judge Justice Vivian Dhlovu dismissed the application with costs on an ordinary scale.
“It is ordered that the application for the discharge of the accused persons at the close of the state case is dismissed with costs on an ordinary scale,” the judge ruled.
According to the State, the incident occurred on October 2, 2023, during a rerun of local authority elections for Ward 33 in Nyazura, which falls under Makoni South constituency.
That evening, around 9pm, after the Zimbabwe Electoral Commission (ZEC) had announced results at St Jude’s Primary School, a Zanu PF agent named Vivian Mushunje was confronted at the gate by the accused and other unknown CCC supporters.
The group had gathered at the residence of Tumbewe and Chihota, located adjacent to the school.
Witnesses, including Zanu PF supporters Lucia Progress Munetsi and Manyara Mamhunga, reportedly saw a purple and white Nissan NV350) drop off unidentified CCC supporters at that residence.
It is alleged that Sagandira snatched V11 forms from Mushunje and handed them to an accomplice, who fled into Tumbewe and Chihota's yard.
Mushunje gave chase but was slapped on the head by Sagandira upon entry.
An accomplice then tripped her, and the accused and their associates kicked her with booted feet all over her body while she lay on the ground.
Tumbewe allegedly urged the group to continue assaulting her for trespassing. Mushunje eventually managed to escape.
The accused and their accomplices then proceeded to Nyazura Business Centre, singing political songs, where they confronted a group of Zanu PF supporters.
The state alleged that the group was armed with hosepipes, wooden logs, metal bars, sticks, stones, and catapults.
Sagandira is said to have ordered the assault on the Zanu PF supporters, while Tumbewe threw soil into their eyes.
The accused and their accomplices then attacked and stoned the victims.
The value of damaged motor vehicles in the incident is estimated at ZiG$1.2 million, according to court papers.