Court Reporter
In a dramatic turn of events on Wednesday, witnesses in the trial of former Foreign Affairs and Tourism Minister Walter Mzembi provided testimony that appeared to clear his name, suggesting that, under Zimbabwean law, a minister is not an accounting officer and cannot personally donate or dispose of government property without the involvement of proper officials and procedures.
Mzembi’s trial, which began before Justice Benjamin Chikowero, sees the former minister facing charges of criminal abuse of office and theft of trust property related to the donation of public viewing screens at the end of the 2010 FIFA World Cup in South Africa. Mzembi, who served as tourism minister at the time, has denied the charges through his lawyer, Killian Mandiki.
The case centers on the donation of television screens to various churches and institutions after the World Cup, a move that Mzembi is accused of facilitating without following necessary legal protocols.
Testimony from Senior Officials
In the first round of evidence, prosecutor Lovemore Murevanhema called Zvinechimwe Ruvinga Churu, a senior official in the Office of the President and Cabinet, who serves as the Deputy Chief Secretary responsible for administration, finance, and human resources. Churu explained the roles of ministers, confirming that, while they oversee policy and public entities, they do not have the authority to personally dispose of government assets.
“A minister, without the accounting officer carrying out the necessary formalities, cannot make a donation,” Churu told the court. He explained that government property is safeguarded by the permanent secretary—the designated accounting officer—who is responsible for ensuring that assets are properly managed and that any disposals are done in accordance with the law.
Churu clarified that, whenever assets are to be disposed of, the Ministry of Finance must be consulted, and the accounting officer must follow specific procedures.
Under cross-examination, Churu admitted that while a minister can issue instructions, the accounting officer is the one responsible for executing the required steps. He also confirmed that, if evidence showed a cabinet task force had approved the donation of the screens, he would not dispute that fact.
Retired Permanent Secretary Testifies
Retired permanent secretary Thokozile Alice Rosemary Chitepo also took the stand, providing further clarity on the procurement of the screens. Chitepo confirmed that the government had sought and received approval from the Ministry of Finance to release US$2 million for the purchase of public viewing equipment for FIFA events hosted in Zimbabwe. According to Chitepo, the government acquired 40 screens, with some distributed to provincial ministries and others allocated to institutions like the Zimbabwe Tourism Authority.
Chitepo clarified that any government-purchased property, such as the screens, could only be disposed of with approval from the Ministry of Finance. While acknowledging that some donation letters were signed by Mzembi, Chitepo conceded that she was not in office at the time and could not comment on the specifics of those transactions.
Supporting Testimonies
Further testimony from former tourism permanent secretary Florence Nhekairo bolstered the defense’s case. Nhekairo referred to an audit conducted in 2016, which found no irregularities with the Ministry’s asset records. She confirmed that the screens were accounted for, and no issues were raised during the audit.
Another witness, Rockford Nyamakura, who served as the ministry’s finance director, said the distribution of the screens was done through formal channels, with the distribution initiated after receiving instructions from the permanent secretary. Nyamakura emphasized that the screens were initially loaned out, and it was the responsibility of the permanent secretary, not the minister, to manage ministry assets.
“During this time, we were promoting religious tourism, and the donations to churches were part of that initiative,” Nyamakura explained.
Charges Against Mzembi
Mzembi stands accused of misusing his office by facilitating the donation of screens valued at US$2 million without proper authorization. However, he maintains that the donations followed government policy and were in line with approved procedures.
The state is expected to call one more witness before concluding its case. The trial has been postponed until February 3 for the continuation of proceedings.
