Mzembi had no power to donate government property

State witnesses on Wednesday gave evidence that appeared to exonerate former Cabinet minister Walter Mzembi, telling the High Court that under Zimbabwean law a minister is not an accounting officer and cannot personally dispose of or donate government property without prescribed procedures being carried out by responsible officials.

Mzembi's trial is underway before High Court judge Justice Benjamin Chikowero, with the former Tourism Minister being represented by Emmanuel Samundombe and Killian Mandiki. He is facing charges of criminal abuse of office and theft of trust property, linked to allegations surrounding the donation of television screens to the United Family International Church (UFIC), Prophetic Healing and Deliverance Ministry and Zion Christian Church. He has denied all the charges.

Evidence from former Ministry of Tourism permanent secretary Florence Nhekairo was placed before the court. In a letter dated March 2016 following an asset audit, Nhekairo stated that her office had physically verified all assets and was satisfied that records had been properly maintained.

The State also called its first witness, Zvinechimwe Ruvinga Churu, a senior officer in the Office of the President and Cabinet and Deputy Chief Secretary responsible for administration, finance and human resources. Churu told the court that a minister does not have legal authority to directly donate government property.

"A minister, without the accounting officer undertaking the necessary formalities, cannot make a donation," Churu said.

He explained that government property is primarily acquired through funds appropriated under the national budget and is safeguarded by the accounting officer, who is the permanent secretary of the ministry concerned.

"The accounting officer is responsible for safeguarding assets of the ministry and ensuring that they are not abused in any form," he said.

Churu further testified that disposal of government assets requires approval from the Ministry of Finance in terms of the Public Procurement and Disposal of Public Assets Act. When asked by prosecutor Beaven Murevanhema whether government property can be donated, Churu responded that it was possible, but only if the correct procedures were followed.

"You need approval from the Ministry of Finance and it is done by the accounting officer," he said.

Under cross-examination by Mandiki, Churu reiterated that a minister is not an accounting officer and does not personally execute the procedural requirements for the disposal of government property.

"It is also true that a minister by law is not an accounting officer," Churu said, adding that if a minister gives an instruction, "the accounting officer then undertakes the necessary procedures."

He further told the court that if evidence existed showing that a Cabinet task force had approved the donation of the television screens, he would have no basis to dispute it.

The State's second witness, retired permanent secretary Thokozile Alice Rosemary Chitepo, also gave evidence that appeared to distance Mzembi from direct responsibility for the disposal of the screens. Chitepo served as accounting officer in the Ministry of Tourism between 2017 and early 2018.

She confirmed that the television screens were purchased using government funds following Treasury approval of a US$2 million request for public viewing equipment for the 2010 FIFA World Cup.

"Any purchases made with government funds are government property," she said, adding that such assets can only be disposed of with authority from the Ministry of Finance.

Chitepo told the court that, in her experience, it is ordinarily the permanent secretary who issues letters of donation on behalf of government. While she acknowledged that letters for six television screens were signed by Mzembi, she conceded under cross-examination that she was not in office at the time and could not speak to the circumstances prevailing then.

She also agreed that the donations took place during a period when government was promoting religious tourism, although she maintained that procedurally, such correspondence would normally be authored by the permanent secretary.

The trial was postponed to February 3 for continuation. Prosecutor Murevanhema is being assisted by Audrey Mupini.