Judge dismisses Mzembi’s bid for discharge
The High Court has dismissed former Tourism minister Walter Mzembi’s application for discharge at the close of the State’s case, with Justice Benjamin Chikowero ruling that the State had established a case requiring him to respond. Delivering the ruling, the judge said evidence presented so far showed that Mzembi must explain why he donated government-owned […] The post Judge dismisses Mzembi’s bid for discharge appeared first on NewZimbabwe.com.
Black News 
The High Court has dismissed former Tourism minister Walter Mzembi’s application for discharge at the close of the State’s case, with Justice Benjamin Chikowero ruling that the State had established a case requiring him to respond.
Delivering the ruling, the judge said evidence presented so far showed that Mzembi must explain why he donated government-owned public-viewing screens to PHD Ministries, UFIC and ZCC churches.
“I consider there is evidence on the record calling for a reply by the accused,” he said. “The court takes the view that counsel realised that the accused won’t be able to justify his persistence with the evidence. As at the close of State case record shows evidence that the accused indeed made donations. The churches are private entity. The property did not belong to the accused.
“The court’s view is that the State managed to prove that the accused made the donations and should be put to his defence. He donated State’s property. The accused was aware there were processes to be followed before donations.”
Mzembi is charged with abusing his office during his tenure as tourism minister by allegedly donating public-viewing screens valued at about US$2 million without following required procedures.
The ruling follows the close of the State’s case by prosecutor Beaven Muravanhema, who led several witnesses, including investigating officer Eric Chacha.
Chacha testified that while donations to government departments had Treasury approval, the gifts to the churches had no concurrence from the Ministry of Finance. Witnesses from the churches confirmed receiving and still possessing the donated equipment.
Earlier in the trial, three witnesses had given evidence suggesting ministers in Zimbabwe are not accounting officers and cannot personally dispose of government property, a point Mzembi relied on in seeking discharge. His lawyer, Emmanuel Samundombe, had expressed confidence that the application would succeed, arguing that “the evidence led so far does not warrant placement of the accused person to his defence.”
Mzembi insists the donations aligned with government policy, but the court has now ruled that he must answer to the allegations when the defence case opens.
He is back in court on March 3 and 4 for defence hearing.
The post Judge dismisses Mzembi’s bid for discharge appeared first on NewZimbabwe.com.
