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Citizens Coalition for Change (CCC) losing Chirumanzu South candidate in the August 2023 elections, Patrick Cheza, and four others, were on Wednesday last week acquitted of charges of political violence by Gweru provincial magistrate Sangster Tavengwa.
As reported by the <a href="https://newsday.co.zw/southerneye/local/article/200028346/ministers-assault-case-thrown-out">Southern Eye</a>, their lawyers Esau Mandipa and Leopold Mudisi had applied for discharge at the close of the state case arguing the latter had failed to provide any evidence of a crime.
In his ruling, Tayengwa said that the state had failed to prove its case against the accused and the inconsistencies by state witnesses in the matter left the court with no option but to acquit the accused. Said Tayengwa:
<blockquote>
We had inconsistencies with one witness saying one thing and another different thing.
The law provides that where the state fails to prove a prima facie case, the court should reach a verdict of not guilty.
The court will have to discharge you at the close of the state case and all of you are therefore found not guilty and acquitted.
</blockquote>
Cheza on Sunday told the Southern Eye that he and his alleged accomplices, Tinashe Moyo (47), Tanyaradzwa Marimbe (23), Christopher Mutoboni (33) and Alex Gamuchirai (37) were wrongly dragged to court on “trumped up” charges of assault, theft and robbery. He said:
<blockquote>
I have been acquitted and I have been consistently saying that l did not commit any of these three offences.
I and my colleagues have been victims of politics but l tell you one day Zimbabwe is going to be free.
I, however, feel proud of the courts that at times take a non-partisan approach and professionally deal with the matter at hand…
I applaud our defence lawyers Mandipa and Mudisi for a sterling job in ensuring justice prevailed.
</blockquote>
Allegations were that on May 31 at Rupepwe Primary School in Chirumanzu Cheza, Moyo, Marimbe, Mutoboni and Gamuchirai assaulted Justice Dzaguma, a ZANU PF activist.
They allegedly slapped Dzaguma once on the cheek with open hands before kicking him several times.
The accused also allegedly assaulted Nhamo Muzembi before robbing him of US$50, a POSB bank card and a ZANU PF card.
It was further alleged that on the same date at around 11 AM at Mazvimba Primary School in Chirumanzu the accused took an Itel cellphone from Philemon Madzivanyika and smashed it on the ground.
They allegedly damaged the phone pouch valued at US$3.
Taurai Mavuto and Monica Mungwena represented the State.
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

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CCC Losing Chirumanzu South Candidate, Patrick Cheza, Acquitted

Citizens’ Coalition for Change (CCC) candidate for Chirumhanzi South Constituency in the 2023 harmonised elections, Patrick Cheza has appealed to the Supreme Court against a ruling by the High Court giving the Government permission to evict him from his farm.
The Mirror reported that Cheza is the only one among 61 farmers allocated the land who is being evicted.
The prominent Gweru businessman is represented by Nyasha Maguranyanga of Mutendi, Mudisi and Shumba. In his appeal at the Supreme Court, Cheza said:
<blockquote>
1. The court a quo erred in holding that the Appellant’s confirmation of land occupation did not confer a prima facie right to the farm In question whereas the same legally confer a right of land occupation in favour of the Appellant.
2. The court a quo erred in making a finding that the Appellant had no right to be consulted and heard by the 19 Respondent before being evicted from the farm in question as an illegal settler, whereas the Appellant at law is entitled to be consulted and heard before any adverse decision is taken against him.
3. The Court a quo erred at law in making a finding that Appellant’s eviction from the farm was legal whereas the same was unconstitutional.
</blockquote>
Cheza is being evicted from his 250-hectare farm by the Ministry of Lands, Agriculture, Water, Fisheries and Rural Development.
According to The Mirror, Cheza was allocated the farm which is located near Mvuma under the land redistribution programme. He is now losing investments worth US$200 000.
His farm is said to be one of the most developed under the scheme with greenhouses, boreholes, solar power systems, 105 herd of cattle, 56 high-breed goats, and sheep and 50 full-time workers.
The farm is already being subdivided into smaller plots and the beneficiaries are members of the Joint Operations Command (JOC).
Cheza’s appeal was thrown out by High Court Judge, Justice Mawadze who said the courts have no power over the matter and told him to plead with the Minister.
Justice Mawadze however, conceded in his opening remarks that land issues in Zimbabwe are very emotive and vexing.
The Minister of Lands’s Permanent Secretary Obert Jiri was reported as saying Cheza will not be compensated for developments he made on the farm.
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

CCC Candidate, Patrick Cheza, Fights For His Farm In The Supreme Court

Prominent Gweru businessman, Patrick Cheza, who was the Citizens’ Coalition for Change (CCC) candidate for Chirumhanzi South in the 2023 general elections is being evicted from his 250-hectare farm by the Ministry of Lands, Agriculture, Water, Fisheries and Rural Development.
According to The Mirror, Cheza was allocated the farm which is located near Mvuma under the land redistribution programme. He is now losing investments worth US$200 000.
Cheza, who was detained for several weeks during last year’s elections, is reported to be the only farmer out of 61 under the same scheme who is being evicted.
He was accused of assaulting ZANU PF Barbra Rwodzi following an argument over an accident which had occurred along Chaka‐Charandura Road in Chirumhanzu.
His farm is one of the most developed under the scheme with greenhouses, boreholes, solar power systems, 105 herd of cattle, 56 high-breed goats, and sheep and 50 full-time workers.
The Mirror further reported that Cheza’s farm is already being subdivided into smaller plots and the beneficiaries are members of the Joint Operations Command (JOC).
Cheza’s appeal was thrown out by High Court Judge, Justice Mawadze who said the courts have no power over the matter and told him to plead with the Minister.
Justice Mawadze however, conceded in his opening remarks that land issues in Zimbabwe are very emotive and vexing.
The Minister of Lands’s Permanent Secretary Obert Jiri was reported as saying Cheza will not be compensated for developments he made on the farm.
The seizure of Cheza’s farm shows the total lack of security of tenure in the country’s laws and that it is risky for businesspeople to associate with opposition parties as they can easily lose their hard-earned investments to “the system” with nowhere to seek justice.
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

Former CCC Parliamentary Candidate, Patrick Cheza, Evicted From 250-hectare Farm

Patrick Cheza, the losing Citizens Coalition for Change (CCC) candidate for the Chirumhanzu parliamentary constituency, has been granted bail by Masvingo High Court judge Garainesu Mawadze.
Cheza, along with four other party members, was arrested for <a href="https://www.pindula.co.zw/2023/08/28/former-deputy-minister-barbara-rwodzi-assaulted/">allegedly assaulting</a> his ZANU PF rival, <a href="https://www.pindula.co.zw/Barbara_Rwodzi/">Barbra Rwodzi</a>, who eventually won the seat. After spending over two weeks in prison, all the suspects were released.
Cheza is charged with inciting public violence, while Elias Maduveko, Magmaster Chidyawuye, Delight Zinyemba and Courage Mugova are all facing public violence charges.
<h3>Some Context:</h3>
The assault allegations arose after a road traffic accident on August 24 involving Cheza and Rwodzi’s vehicles, leading to a confrontation. After a road accident, the rivals encountered each other at the scene, leading to a misunderstanding. According to the state, Cheza instigated his supporters to assault Rwodzi.
In court, it was stated that Chidyawuye intentionally tripped the government minister and attempted to stab her in the face with a knife. Prosecutors claim that while she was on the ground, other CCC supporters joined in, indiscriminately kicking her multiple times.
CCC asserts that its supporters face state persecution due to their opposition affiliation. Following the August 23-24, 2023 elections, several party members, including Members of Parliament (MPs), were arrested on different charges. Some are on the run, while others have been released. Some analysts argue that ZANU PF, falling short of a two-thirds majority in the National Assembly by four MPs, aims to remove CCC members to secure the majority. The ruling party denies these claims, asserting that the police are simply performing their duties.
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