High Court to rule on Mzembi discharge bid on February 17

High Court judge Justice Benjamin Chikowero is set to rule on February 17 on whether former cabinet minister Walter Mzembi should be discharged at the close of the State's case, a decision that will mark a critical juncture in his trial for alleged criminal abuse of office.

The State closed its case on Tuesday after calling four witnesses, among them Zimbabwe Anti-Corruption Commission (Zacc) investigating officer Eric Chacha.

Chacha testified that Mzembi breached government procurement and asset management procedures when he facilitated the donation of public viewing screens to three churches—Prophetic Healing and Deliverance (PHD) Ministries led by Walter Magaya, United Family International Church (UFIC) led by Emmanuel Makandiwa, and the Zion Christian Church under Nehemiah Mutendi.

According to Chacha, Treasury had authorised the purchase of the public viewing screens and had also granted concurrence for some of them to be loaned to government institutions. However, he said no such approval existed for the donation or loan of the equipment to churches.

"Investigations revealed there was no Treasury concurrence at the time these screens were loaned to the churches," Chacha told the court.

Following the testimony, prosecutor Beaven Muravanhema formally closed the State's case, arguing that the evidence presented demonstrated impropriety on the part of the former minister.

Mzembi's defence team, led by Emmanuel Samundombe and Killian Mandiki, immediately applied for his discharge at the close of the State's case, contending that prosecutors had failed to establish a prima facie case.

Samundombe said the defence was confident that the evidence did not justify placing Mzembi on his defence.

"We hope justice will prevail," he told the court. "The evidence presented does not warrant placement of the accused person to his defence."

"Put simply, he should not be asked to say his side of the story because the evidence of the State does not in itself substantiate the allegations that they have placed before the court," Samundombe added.

He further indicated that the defence would apply for bail pending the court's ruling, arguing that the evidence so far did not support any suggestion that Mzembi was a flight risk.

"We are going to be approaching the same court for bail because the evidence is clear that most of the issues that were being speculated around these allegations are not very accurate," he said.

Justice Chikowero's ruling on February 17 will determine whether Mzembi is acquitted at this stage or whether he will be required to present his defence as the trial proceeds to its next phase.