THE High Court on Monday dismissed an application for rescission of default judgment made by the Prosecutor-General against Chirumanzu South candidate in the August 2023 elections, Patrick Cheza (Citizens Coalition for Change (CCC)) and four party activists.
The CCC members were being accused of assaulting Zanu PF legislator and Tourism minister Barbara Rwodzi.
The case was before Masvingo High Court judge Justice Jester Helena Charewa.
“The court application for rescission of default judgment whereupon after reading documents filed of record and hearing counsel, it is ordered that the application for rescission of judgment be and is hereby dismissed for lack of merit,” Justice Charewa ruled.
Last November, the same High Court (Masvingo) granted Cheza’s application for review against refusal of discharge by Gweru magistrate Beaulity Dube.
The Prosecutor-General then approached the same court and made an application for rescission of a default judgment.
Cheza was being charged with inciting public violence alongside CCC activists Magmaster Chidyawuye, Delight Zinyemba, Courage Mugova and one B Dube.
It was alleged that Cheza incited CCC members to beat up Rwodzi after his vehicle was involved in an accident with a car belonging to the Tourism minister.
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After a full trial at the Gweru magistrate court, lawyers representing the CCC activists Esau Mandipa and Leopold Mudisi made an application for discharge which was dismissed by the Gweru magistrate.
The defence counsel then made a High Court application for review against refusal of discharge.
It was granted on November 26 last year, resulting in the subsequent acquittal of their clients.
