BY STAFF REPORTER
Former Foreign Affairs Minister Walter Mzembi has been acquitted of criminal abuse of office after the High Court ruled that the State failed to prove its case, with the judge saying prosecutors did not call key witnesses central to the matter.
Justice Benjamin Chikowero delivered the ruling at the Harare High Court on Wednesday, finding Mzembi not guilty over allegations that he unlawfully donated public viewing television screens belonging to the Ministry of Tourism during his tenure as minister.
In his ruling, Chikowero said the State’s case had been severely weakened by its failure to call former permanent secretary Margaret Sangarwe, whom he described as a material witness capable of clarifying who authorised the allocation of the television sets.
“The state chose not to call her at its own peril,” Chikowero said, adding that no explanation had been provided for Sangarwe’s absence in court.
The judge found that witnesses Zvinechimwe Churu and Thokozile Chitepo could not directly link Mzembi to the alleged offence because neither had interacted with him personally nor served as permanent secretary at the relevant time.
Court documents reportedly showed that the television sets were donated by the ministry itself and not by Mzembi in his personal capacity.
The court also heard evidence from former permanent secretary Florence Nhekairo indicating that the television sets remained listed on government inventory records as state property. Finance director Richford Lovemore Nyamakura also testified that the permanent secretary’s evidence was crucial to the matter.
Justice Chikowero further criticised investigating officer Eric Chacha, saying investigations into the matter had not been properly conducted. Testimony from Admire Mango of PHD Ministries also failed to implicate Mzembi, according to the ruling.
The judge said the only element successfully proven by the State was that Mzembi was a public officer.
“It was not his duty to account for government property, therefore the accused is found not guilty and acquitted,” Chikowero ruled.
Mzembi, 62, was arrested in 2018 following the fall of former President Robert Mugabe’s government and has consistently maintained that the charges against him were politically motivated.
He later left Zimbabwe for medical treatment in South Africa before returning in June last year, when he was arrested on outstanding warrants. He was repeatedly denied bail before eventually being granted release on May 4.
Source: ZimLive