THE High Court has dismissed former Tourism minister Walter Mzembi’s application for discharge at the close of the State’s case, ruling that a prima facie case had been established against him.
Mzembi is expected to return to court on March 3 and 4 to present his defence, citing unresolved questions related to the case.
Delivering the ruling, Justice Benjamin Chikowero said evidence showed Mzembi must explain why he donated government-owned public-viewing screens to private churches.
“I consider there is evidence on the record calling for a reply by the accused,” he said.
“The court takes the view that counsel realised that the accused won’t be able to justify his persistence with the evidence.
"As at the close of the State case record shows evidence that the accused indeed made donations. The churches are private entities. The property did not belong to the accused.
Keep Reading
- Pro-democracy activist acquitted
- Minister Mahendere reveals secret to success
- Letters: Makandiwa, preaching heresy
- Uproar over Makandiwa’s corruption remarks
"The court’s view is that the State managed to prove that the accused made the donations and should be put to his defence.
"He donated State property. The accused was aware there were processes to be followed before donations."
Mzembi is facing a charge of abuse of office during his tenure as Tourism minister after he allegedly donated public-viewing screens valued at about US$2 million without following procedure.
At the close of the State case, prosecutor Beaven Muravanhema led several witnesses, including senior Zimbabwe Anti-corruption Commission investigating officer Eric Chacha.
Chacha testified that while donations to government departments had Treasury approval, the gifts to Prophetic Healing and Deliverance Ministries, United Family International Church and Zion Christian Church had no concurrence from the Finance ministry.
Witnesses from the churches confirmed receiving and still possessing the donated equipment.
Earlier in the trial, three witnesses gave evidence suggesting ministers in Zimbabwe are not accounting officers and cannot personally dispose of government property, a point Mzembi relied on in seeking discharge.
His lawyer, Emmanuel Samundombe, had expressed confidence that the application will succeed, arguing that “the evidence led so far does not warrant placement of the accused person to his defence.”
Mzembi insists that the donations were in line with government policy, but the court has ruled that he must answer to the allegations when the defence case begins.
Mzembi, who had been in exile, was arrested upon his return to Zimbabwe in June last year and has remained in custody despite several bail applications.