Mzembi awaits High Court ruling on discharge application

Former cabinet minister Walter Mzembi will know his fate this Tuesday when the High Court is expected to deliver its ruling on his application for discharge at the close of the State's case.

Mzembi, who is in custody, is facing allegations of corruptly abusing his office during his tenure as Tourism minister.

The matter is being presided over by High Court judge Benjamin Chikowero.

Prosecutor Beaven Muravanhema recently closed the State's case after calling four witnesses, the last being investigating officer Eric Chacha. Chacha told the court that Mzembi breached government protocols when he donated public viewing screens to three churches — Prophetic Healing and Deliverance Ministries led by Walter Magaya, United Family International Church (UFIC) founded by Emmanuel Makandiwa, and Zion Christian Church (ZCC) led by Nehemiah Mutendi.

According to Chacha, while donations made to government departments had Treasury approval, the donations to the churches did not have concurrence from the Ministry of Finance.

Mzembi's lawyer, Emmanuel Samundombe, expressed confidence in his client's prospects, arguing that the evidence presented does not justify placing him on his defence.

"The essential elements of this application (for discharge) are that the evidence led so far does not warrant placement of the accused person to his defence," Samundombe said.

Mzembi is accused of abusing his authority by donating public viewing screens allegedly worth US$2 million without following proper procedures. He maintains that the donations were consistent with government policy and approved processes.

Three witnesses who testified when the trial opened gave evidence that appeared to support his defence. They told the High Court that under Zimbabwean law, a minister is not an accounting officer and cannot personally donate or dispose of government property without the involvement of designated officials following prescribed procedures.

Justice Chikowero is expected to determine whether the State has established a prima facie case requiring Mzembi to enter his defence or whether he will be discharged at this stage of the proceedings.