High Court to Rule on Walter Mzembi Discharge Bid on February 17
- Southerton Business Times
- 4 days ago
- 2 min read
By Staff Reporter | Southerton Business Times
HARARE — The High Court will on February 17 decide whether former Cabinet minister Walter Mzembi should be discharged at the close of the State’s case, a ruling that could bring his criminal abuse of office trial to an early end. The decision, to be delivered by Justice Benjamin Chikowero, follows the State’s closure of its case after calling four witnesses, including a senior investigator from the Zimbabwe Anti-Corruption Commission (ZACC).
Mzembi is accused of unlawfully facilitating the donation of government-owned public viewing screens to three churches without Treasury approval while serving as a minister.
What the State alleges
Testifying before the court, ZACC investigating officer Eric Chacha told the judge that Mzembi breached public procurement and asset management rules when screens purchased with State funds were transferred to:
Prophetic Healing and Deliverance (PHD) Ministries, led by Walter Magaya
United Family International Church (UFIC), led by Emmanuel Makandiwa
Zion Christian Church (ZCC), led by Nehemiah Mutendi
Chacha said Treasury had approved the purchase of the screens and had authorised some to be loaned to government institutions, but not to churches.
“Investigations revealed there was no Treasury concurrence at the time these screens were loaned to the churches,” Chacha told the court.
Following his testimony, prosecutor Beaven Muravanhema formally closed the State’s case, arguing that sufficient evidence had been placed before the court to demonstrate impropriety.
Defence seeks early exit
Mzembi’s legal team, led by Emmanuel Samundombe and Killian Mandiki, immediately applied for his discharge at the close of the State’s case, insisting prosecutors had failed to establish a prima facie case. Samundombe told the court that the evidence presented did not justify requiring Mzembi to testify.
“The evidence presented does not warrant placement of the accused person to his defence,” he said.
“Put simply, he should not be asked to say his side of the story because the State’s evidence does not substantiate the allegations.”
The defence also signalled plans to apply for bail pending the ruling, arguing that the evidence heard so far does not support claims that Mzembi poses a flight risk.
“Most of the issues that were being speculated around these allegations are not very accurate,” Samundombe said.
What happens next
Justice Chikowero’s ruling will determine whether:
Mzembi is discharged and acquitted at this stage, or
The trial proceeds, requiring him to present his defence and call witnesses
A discharge would mean the court found the State’s evidence insufficient on its own, without even hearing from the accused.
Explainer: What Does ‘Discharge at Close of State Case’ Mean?
In Zimbabwean criminal law, an accused person can be cleared before testifying if the court finds that the prosecution has failed to present enough evidence to justify a defence.
If granted:
The accused is acquitted immediately
The defence does not have to present evidence
If denied:
The accused must take the stand or call witnesses
The trial continues to its next phase
Walter Mzembi trial, High Court rules on Mzembi case, Walter Mzembi abuse of office
Comments