Former Foreign Affairs Minister Walter Mzembi has been acquitted of criminal abuse of office after the High Court ruled that prosecutors failed to present crucial evidence linking him to the alleged unlawful donation of public property.
Delivering judgment at the Harare High Court on Wednesday, Justice Benjamin Chikowero said the state’s case collapsed because key witnesses who could have clarified how the television sets were allocated were never called to testify.
Mzembi had faced accusations that, while serving as Tourism Minister, he improperly authorised the distribution of public viewing screens belonging to the tourism ministry. However, the judge found that testimony from state witnesses Zvinechimwe Churu and Thokozile Chitepo did not establish Mzembi’s direct involvement. Chikowero noted that both witnesses were credible because they refused to speculate on matters outside their knowledge, including whether Mzembi personally approved the transfers.
According to the ruling, neither witness held the position of permanent secretary at the relevant time, nor had they directly dealt with Mzembi over the issue. The judge concluded that their evidence added little value to the prosecution’s case.
Chikowero said documents presented in court suggested the donations were carried out by the ministry itself rather than by Mzembi in his personal capacity. He highlighted a memorandum written by former permanent secretary Margaret Sangarwe proposing the distribution of 40 television sets to rural communities and churches — the very issue at the centre of the case.
The court criticised prosecutors for failing to call Sangarwe to testify, describing her as a key witness who could have clarified whether Mzembi authorised the allocations.
Evidence from former permanent secretary Florence Nhekairo showed that the television sets remained listed as government assets in ministry records, supporting testimony that ownership had never formally changed hands.
Finance director Richford Lovemore Nyamakura also testified that the permanent secretary’s evidence was essential to the matter, while the court found that testimony from investigating officer Eric Chacha and PHD Ministries official Admire Mango failed to directly implicate Mzembi.
The judge further observed that Mzembi had incorrectly referred to the matter as a “donation,” despite evidence indicating no formal donation had actually taken place. However, Chikowero said this inconsistency weakened the state’s case rather than strengthening it.
In his final ruling, the judge said prosecutors had only succeeded in proving that Mzembi was a public official at the time. Since responsibility for accounting for government property did not rest with him personally, the court found him not guilty and acquitted him.
Mzembi was first arrested in 2018 following the removal of former president Robert Mugabe from power. He has consistently maintained that the charges were politically driven.
