Mzembi acquitted in TV donation case

Former Tourism Minister Walter Mzembi has been acquitted on charges of criminal abuse of office after the High Court ruled that the State failed to prove its case beyond reasonable doubt.

Mzembi had been accused of unlawfully donating four public-viewing television sets to churches, including United Family International Church, Prophetic Healing and Deliverance Ministries and Zion Christian Church, allegedly prejudicing the government.

Delivering judgment, High Court judge Benjamin Chikowero said the prosecution had only managed to prove that Mzembi was a public officer, but failed to establish the remaining elements required to secure a conviction.

Chikowero said State witnesses Zvinechimwe Churu and Thokozile Chitepo were credible because they declined to comment on matters outside their direct knowledge, including whether Mzembi personally authorised the donations.

"In short, the two were not relevant witnesses to assist in the State's case. The State's failure not to call other witnesses was fatal to its case," Chikowero said.

The judge noted that documentary evidence presented before the court showed that it was the Ministry of Tourism, rather than Mzembi personally, that donated the television sets.

He further observed that officials responsible for releasing the public-viewing screens did not testify that they dealt directly with Mzembi.

A key aspect of the ruling centred on former Tourism permanent secretary Margaret Sangarwe, who had authored a memorandum proposing the allocation of 40 television sets to rural communities and churches.

"The State did not produce Sangarwe for her to explain her memorandum. No reasons were given for her absence in court. Sangarwe would have been a material witness to explain if the accused is the one who authorised donation. The State chose not to call her at its own peril," Chikowero ruled.

The court also heard testimony from former Tourism permanent secretary Florence Nhekairo, who conducted an asset verification exercise and confirmed that the television screens remained government property listed on the ministry's inventory.

Finance director Richford Lovemore Nyamakura also testified that it was critical for the State to call the permanent secretary to clarify who authorised the allocation of the equipment.

Chikowero criticised investigating officer Eric Chacha, saying the investigations were inadequately conducted, while evidence from Admire Mango did not implicate Mzembi in any wrongdoing.

The judge added that Mzembi "made a mistake to aver a donation when in fact there was never a donation".

"The State has failed to prove its case beyond reasonable doubt. The accused is found not guilty and acquitted," ruled Chikowero.

Mzembi had faced charges under Section 174(1) of Zimbabwe's Criminal Law (Codification and Reform) Act relating to criminal abuse of duty as a public officer.

In his defence, Mzembi argued that the television distribution programme formed part of a wider government strategy aimed at reviving Zimbabwe's tourism sector following the 2008 political crisis.

He told the court that the initiative was conceived during preparations for the 2010 FIFA World Cup, when fan parks were established across Zimbabwe before the equipment was later repurposed to support religious tourism initiatives.

Mzembi maintained that the programme was implemented with the approval of senior government officials during the Government of National Unity and contributed to improved tourism arrivals and revenues before he left office in 2017.