Witnesses back Mzembi defence

State witnesses on Wednesday largely exonerated former Foreign Affairs and Tourism Minister Walter Mzembi in his High Court trial, testifying that under Zimbabwean law, a minister is not an accounting officer and cannot personally donate or dispose of government property without following prescribed procedures.

Mzembi, who denies charges of criminal abuse of office and theft of trust property, faces allegations that he improperly donated government-owned public viewing screens to churches and other institutions following the 2010 FIFA World Cup hosted in South Africa.

During proceedings before Justice Benjamin Chikowero, the prosecution called Zvinechimwe Ruvinga Churu, Deputy Chief Secretary in the Office of the President and Cabinet responsible for administration, finance, and human resources. Churu explained that ministers are responsible for policy and supervision of public entities but do not have legal authority to dispose of government assets on their own.

"A minister, without the accounting officer undertaking the necessary formalities, cannot do a donation," Churu testified. He added that government property is acquired through funds appropriated by Parliament and safeguarded by permanent secretaries, who must approve any disposal.

Under cross-examination, Churu confirmed that Mzembi, by law, was not an accounting officer and that any instructions from the minister would be executed by the accounting officer. He also noted that if a cabinet task force approved the donations, there would be no dispute regarding their legality.

Another key witness, retired permanent secretary Thokozile Alice Rosemary Chitepo, confirmed that the screens were lawfully purchased using US$2 million in government funds approved by the finance ministry. Chitepo testified that the screens were distributed to provincial ministries, the Zimbabwe Tourism Authority, universities, and churches including Emmanuel Makandiwa's United Family International Church, the Zion Christian Church, and Walter Magaya's Prophetic Healing and Deliverance Ministries.

Chitepo emphasised that government property can only be disposed of with proper treasury approval and that letters of donation are typically issued by permanent secretaries, although ministers may sign them.

Evidence from former tourism permanent secretary Florence Nhekairo supported the defence, noting that a 2016 asset audit found no irregularities. Rockford Nyamakura, former finance director in the ministry, testified that the distribution of the screens was conducted through official channels, initially as loans, and aimed at promoting religious tourism.

Mzembi's legal team, led by Killian Mandiki and Emmanuel Samundombe, maintains that the donations were in line with government policy and procedures.

The trial was adjourned to February 3 for the continuation of the state's case, with one more witness expected to testify.