In a letter seen by Pindula News, Musengezi told his lawyer, Nqobani Sithole of Ncube Attorneys that he had failed to access some documents. Reads the letter dated 03 August 2022:
c/o Mbidzo Muchadehama and Makoni
34 Wyvern Ave, Belvedere West. Harare
Dear Mr. Nqobani Sithole RE: PROLONGED PROSECUTION AND MISSING FILES OF HC5687/21 AT HARARE HIGH COURT
I am deeply disappointed with the progress of HC5687/21 and starting to doubt the integrity of the Harare High Court to deal with this matter.
After our meeting last week, I had to personally enquire with the High Court why the matter is taking too long to be heard and was referred to the High Court Kiosk where I downloaded all the soft copy files for HC5687/21, HC469/22 and HC4129/22. After perusing, I noticed that:
a) There is a “notice of set down on the unopposed roll” in HC5687/21 filed by Dube, Manikai & Hwacha who are representing ZANU PF, ED Mnangagwa and 4 others dated 26 January 2022 but stamped by the Registrar of the High Court on the 29. of June 2022. This document appears to have been sneaked into the court records.
b) In HC4129/22, TK Hove who are representing Goodson Nguni and FONGO may have misled the court in their notice of opposition by claiming that they filed and served Mbidzo Muchadehama and Makoni with a Notice of Set Down, Heads of Argument and a consolidated index on 10 May 2022 because:
i. The documents have not been found at Mbizo, Muchadehama and Makoni,
ii. The documents have also not been found at the High Court Kiosk. There are no soft copies of the said documents in the HC4129/22 folder at the High Court.
Upon noticing the anomalies, I checked with the Civil Registry for the hard copies but was referred to the Registrar’s office after a lady named Diza had called the Registry Supervisor Makwata who informed her that the file was of a “security nature” and they cannot handle it. The Registrar’s office referred me back to the Civil Registry to see one Tigere who said even if I am the applicant in the matter, I can not access the file but need to be represented because of the sensitivity of the matter.
However, I went back to the High Court today with your correspondence lawyers’ representative but also failed to locate or trace the files.
We proceeded to TK Hove offices in Hillside so we could get copies of the Notice of Set Down, Heads of Arguments and the Consolidated Index that they claimed to have filed. A lawyer named Kudzi mentioned he cannot give us the copies as he requires to be cleared by his bosses first because the matter is a sensitive one. However, Kudzi and their messenger, one Msaigwa both indicated that “they have also made numerous follow UPS with the High Court and finally found the files lost week but were requested by the High Court staff to bring in new copies into the files because there were a lot of missing documents in those files of the High Court”.