THE Citizens Coalition for Change (CCC) candidate for Chirumanzu South constituency in the August 2023 harmonised elections, Patrick Cheza, and four other party activists have indicated that they will make an application for referral of their case to the Constitutional Court (ConCourt).
The activists are facing a charge of assaulting Zanu PF candidate and Tourism and Hospitality Industry minister Barbara Rwodzi in August last year.
The CCC activists last week filed an application seeking to bar Gweru magistrate Beaulity Dube from presiding over the matter over alleged bias.
Dube, however, dismissed their application saying it lacked merit.
But yesterday, through their lawyers Esau Mandipa and Leopold Mudisi, the activists indicated that they will make an application for referral of their matter to the ConCourt at the next trial date on August 29 this year.
Dube is also expected to rule on whether or not the case should be referred to the ConCourt.
The activists’ defence submitted that Dube was being personal in the matter, hence the need for her to recuse herself to allow a new magistrate to take over the case.
The lawyers argued that Dube’s bias against their clients was sufficient for her as a judicial officer to recuse herself in the matter.
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Cheza (50) is being charged with inciting public violence alongside CCC activists Elias Maduveko (26), Magmaster Chidyawuye (21), Delight Zinyemba (22) and Courage Mugova (20).
It is alleged that Cheza incited CCC members to beat Rwodzi after his vehicle was involved in an accident with a car belonging to the Tourism minister.
During trial, Rwodzi, however, admitted that Cheza did not assault her, adding that she did not see any of the accused persons.
Allegations are that on August 24 last year, Cheza was driving along Charandura-Chaka dust road when he arrived at a section of the road where one of his vehicles was involved in an accident with a car that was being driven by Chengetai Rwodzi, the minister’s son.
Further allegations are that when Cheza arrived at the accident scene, he allegedly rudely asked the minister why she wanted to kill CCC supporters yet she had won in the harmonised elections.
Cheza, it is alleged, instructed the four activists to attack Rwodzi and they acted upon his instruction.
Taurai Mavuto and Monica Mungwena prosecuted.
