Walter Mzembi Acquitted As High Court Dismisses Abuse Of Office Charges

Former Walter Mzembi has been acquitted of criminal abuse of office charges after the High Court ruled that prosecutors failed to prove their case beyond a reasonable doubt. The judgment marks a significant legal victory for the former Tourism Minister, who had faced allegations linked to the distribution of public-viewing television sets to churches during his tenure in government.

Delivering the ruling, High Court judge Benjamin Chikowero said the State had only managed to establish that Mzembi was a public officer but failed to prove the remaining legal elements necessary for conviction.

“The State has failed to prove its case beyond reasonable doubt. The accused is found not guilty and acquitted,” Chikowero ruled.

Mzembi had been accused of unlawfully donating four government-owned television sets to churches, including United Family International Church, Prophetic Healing and Deliverance Ministries, and Zion Christian Church. Prosecutors alleged the donations prejudiced the government and amounted to criminal abuse of duty as a public officer under Section 174(1) of Zimbabwe’s Criminal Law (Codification and Reform) Act. However, the court found critical weaknesses in the prosecution’s evidence and witness testimony.

Judge Chikowero said State witnesses Zvinechimwe Churu and Thokozile Chitepo were credible but ultimately unable to directly implicate Mzembi. The judge noted that neither witness could confirm whether Mzembi personally authorised the alleged donations.

“In short, the two were not relevant witnesses to assist in the State’s case. The State’s failure not to call other witnesses was fatal to its case,” Chikowero said.

A major issue in the case involved former Tourism permanent secretary Margaret Sangarwe, who authored a memorandum proposing the allocation of 40 television sets to rural communities and churches. The judge said the State’s failure to call Sangarwe as a witness severely weakened the prosecution.

“Sangarwe would have been a material witness to explain if the accused is the one who authorised donation. The State chose not to call her at its own peril,” the judge ruled.

The court also heard evidence from former Tourism permanent secretary Florence Nhekairo, who conducted an asset verification exercise. Nhekairo confirmed that the television sets remained listed as government property within the ministry's inventory records. Finance director Richford Lovemore Nyamakura also testified that the permanent secretary would have been central in clarifying who authorised the allocation of the equipment.

Judge Chikowero further criticised investigating officer Eric Chacha, describing the investigations as inadequately conducted. The court additionally found that testimony from Admire Mango did not directly implicate Mzembi in wrongdoing.

In his defence, Mzembi argued that the television distribution programme formed part of a broader government tourism recovery strategy introduced after Zimbabwe’s 2008 political and economic crisis. He told the court the initiative emerged during preparations for the 2010 FIFA World Cup, when public fan parks were established across Zimbabwe to attract tourism activity linked to the tournament hosted in neighbouring South Africa.

According to Mzembi, the equipment was later repurposed to support religious tourism initiatives with approval from senior government officials during the Government of National Unity period. He maintained that the programme contributed to improved tourism arrivals and increased revenues before he left office in 2017. The acquittal now closes another high-profile corruption-related case involving a former Cabinet minister, while also raising renewed questions around the quality of investigations and prosecutions in politically sensitive matters.

Walter Mzembi acquitted