HARARE – State witnesses on Wednesday gave evidence that appeared to largely exonerate former foreign affairs and tourism minister Walter Mzembi, telling the High Court that under Zimbabwean law a minister is not an accounting officer and cannot personally donate or dispose of government property without officials following prescribed procedures.
Mzembi’s trial opened before Justice Benjamin Chikowero, with the former minister denying charges of criminal abuse of office and theft of trust property through his lawyer Killian Mandiki.
The case centres on the donation of public viewing television screens to churches and institutions at the conclusion of the 2010 World Cup hosted by South Africa. Mzembi was tourism minister at the time.
Leading evidence, prosecutor Lovemore Murevanhema called Zvinechimwe Ruvinga Churu, a senior official in the Office of the President and Cabinet and Deputy Chief Secretary responsible for administration, finance and human resources.
Churu confirmed that Mzembi was appointed by then president Robert Mugabe and outlined the functions of a minister, which include policy formulation, supervision of public entities and coordination of international agreements.
However, he stressed that a minister does not have legal authority to personally dispose of government assets.
“A minister, without the accounting officer undertaking the necessary formalities, cannot do a donation,” Churu told the court.
He explained that government property is largely acquired through funds appropriated by parliament and is safeguarded by the accounting officer, who is the permanent secretary.
“The accounting officer is responsible for safeguarding assets of the ministry, ensuring that they are not abused in any form,” Churu said, adding that asset disposal is governed by law and requires approval from the finance ministry.
“Over the years, whenever a ministry wants to dispose of assets they seek permission from the ministry of finance and economic development,” he said. “If it’s a matter that involves government revenue, expenditure or actions with respect to assets, then the accounting officer has to undertake the necessary procedure.”
Under cross-examination by Mandiki, Churu conceded that a minister is not an accounting officer and does not personally execute compliance processes.
“I’s also true that a minister by law is not an accounting officer,” he said, adding that if a minister issues instructions, “the accounting officer then undertakes the necessary procedures.”
He also told the court that if evidence showed a cabinet task force approved the donation of the screens, “I can’t dispute that.”
Another key witness, retired permanent secretary Thokozile Alice Rosemary Chitepo, testified that the screens were lawfully procured using government funds following treasury approval.
“In this particular instance a request was made to the secretary of finance to release US$2 million for the purchase of public viewing equipment to be used for FIFA events the country was hosting,” Chitepo said.
“Our records indicate the secretary of finance authorised unallocated resources to us as a ministry to purchase that equipment and we received that amount. We bought 40 screens.”
She said 12 screens were distributed to provincial ministries with treasury involvement, while others were allocated to institutions including the Zimbabwe Tourism Authority.
Chitepo testified that Emmanuel Makandiwa’s United Family International Church received one screen, the Zion Christian Church received one, the University of Zimbabwe received screens, while Walter Magaya’s Prophetic Healing and Deliverance (PHD) Ministries received two.
“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.”
Drawing on her experience, Chitepo said: “In my 10 years as a permanent secretary, it is the permanent secretary who issues a letter of donation, but here and there a minister can do so.”
While she acknowledged that some letters relating to the six disputed 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.
“I can’t confirm because I don’t know the circumstances that were there at the time since I wasn’t there,” she said when asked whether the minister’s actions were irregular.
She also confirmed the donations occurred at a time when the government was actively promoting religious tourism.
Evidence from former tourism permanent secretary Florence Nhekairo further supported the defence. In a statement placed before the court, Nhekairo said a ministry asset audit conducted in 2016 found no irregularities.
“My office physically checked all assets. I am satisfied that records were properly maintained,” Nhekairo said.
Another witness, Rockford Nyamakura, the former finance director in the ministry of tourism, testified that the distribution of the screens was handled through official channels.
“I facilitated the distribution of these screens after receiving a communiqué from the permanent secretary,” Nyamakura told the court.
He added that the screens were initially loaned out and that responsibility for ministry assets lay with the permanent secretary, not the minister.
“When the screens were donated to the churches, we were promoting religious tourism,” he said.
Mzembi is accused of abusing his authority by donating screens allegedly worth US$2 million without following proper procedures. He maintains the donations were consistent with government policy and approved processes.
One more witness is expected to testify before the state closes its case. The matter was postponed to February 3 for continuation of the trial.
Mzembi is also represented by Emmanuel Samundombe. – ZimLive
