By Victor Fanuel
HARARE — Former foreign affairs minister
Walter Mzembi has been acquitted of criminal abuse of office charges after the High Court ruled that the prosecution failed to present key evidence linking him to the alleged unlawful disposal of public viewing screens.
Delivering judgment at the Harare High Court on Wednesday, Justice Benjamin Chikowero found that the State’s case collapsed due to the absence of crucial witnesses who could have clarified how the disputed assets were allocated within the Ministry of Tourism.
Mzembi had been accused of unlawfully donating television screens belonging to the ministry while he served as minister.
However, the court concluded that the evidence presented pointed to institutional decision-making within the ministry rather than a personal act by the accused.
The judge noted that the State relied on witnesses who were not directly involved in the relevant decisions and therefore could not confirm whether Mzembi personally authorised any donation.
Their testimony, the court found, did not advance the prosecution’s case.
Central to the ruling was the State’s failure to call the then permanent secretary, who had authored a memorandum proposing the distribution of television sets to various beneficiaries, including rural areas and religious institutions.
The court said her evidence would have been critical in establishing the chain of authorisation, but she was not called without explanation.
The judgment further highlighted documentary evidence indicating that the television sets remained recorded as government property at the time, supporting the defence position that no formal transfer had been properly executed.
The court also criticised aspects of the investigation, saying the inquiry was not adequately pursued and that available evidence from ministry officials and other witnesses did not implicate Mzembi.
Justice Chikowero concluded that while Mzembi held public office during the period in question, the State had not proven that he personally committed any unlawful act in relation to the assets.
He was therefore acquitted of all charges.
Mzembi, who was arrested in the aftermath of the 2017 political transition and had faced prolonged legal proceedings, has consistently maintained that the case was politically motivated.
His release follows his recent admission to bail earlier this month as the court finalised judgment preparations.
