Mzembi’s application for discharge dismissed by High Court

Yeukai Karengezeka-Chisepo

Court Correspondent

THE Harare High Court has dismissed former Tourism and Hospitality Minister Walter Mzembi’s application for discharge at the close of the State’s case, with Justice Benjamin Chikowero ruling that the State has established a prima facie case against him.

Mzembi, who stands accused of abuse of office, is alleged to have donated Government-owned public-viewing screens valued at approximately US$200 000 to private churches without following proper procedures.

In his ruling, Justice Chikowero stated that the evidence presented so far requires Mzembi to respond.

“I consider there is evidence on record calling for a reply by the accused,” said Justice Chikowero.

“At the close of the State’s case, the record shows that the accused indeed made the donations. The churches are private entities, and the property did not belong to the accused.

“The court’s view is that the State managed to prove that the accused made the donations and should, therefore, be put to his defence.

“He donated State property, and the accused was aware there were processes to follow before such donations could be made.”

The defence case is scheduled for March 3 and 4. Prosecutors Beaven Muravanhema and Audrey Mupini led evidence from four witnesses, including investigating officer Eric Chacha, who testified that while donations to Government departments had Treasury approval, the gifts to private churches—namely PHD Ministries, UFIC, and ZCC—were made without concurrence from the Ministry of Finance.

Witnesses from the churches confirmed receiving and still possessing the equipment, which had been donated unconditionally, unlike donations made to Government institutions that followed proper procedures.

Justice Chikowero emphasised that it was not the permanent secretary, the Ministry of Tourism, or any other Government department that had initiated the donations, but Mzembi himself.

“In light of the foregoing, there is a need for the accused to explain why he acted as he did,” Justice Chikowero concluded.

The court determined that the State had provided sufficient evidence to warrant Mzembi’s defence, setting the stage for the next phase of the trial.

Mzembi is represented by his lawyers Messrs Emmanuel Samundombe and Killian Mandiki.

 

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