The first State witness in the trial of former Cabinet Minister Walter Mzembi, Zvinechimwe Ruvinga Churu, gave his testimony on Wednesday, 28 January.
Churu is the Deputy Chief Secretary in the Office of the President and Cabinet, responsible for Administration, Finance, and Human Resources.
Churu told the High Court that, under Zimbabwean law, a minister is not an accounting officer and cannot personally donate or dispose of government property without following the proper official procedures.
Mzembi, who denies charges of criminal abuse of office and theft of trust property, is being represented by his lawyer, Killian Mandiki. The trial opened before Justice Benjamin Chikowero.
The allegations centre on claims that Mzembi unlawfully donated four LED televisions, worth US$200,000, to three churches, United Family International Church, Prophetic Healing and Deliverance Ministry, and Zion Christian Church, without obtaining approval from Treasury or Cabinet.
The charges relate to a total of US$2 million allocated from the Treasury to the Ministry of Tourism and Hospitality in 2010.
The money was intended to buy televisions for 40 fan parks to promote tourism during the 2010 FIFA World Cup in South Africa.
During proceedings, prosecutor Lovemore Murevanhema called Churu to give evidence.
Churu confirmed that Mzembi had been appointed by then-President Robert Mugabe and outlined the role of a minister, which includes policy formulation, supervising public entities, and coordinating international agreements.
However, Churu stressed that a minister does not have legal authority to personally dispose of government assets.
He said government property is acquired largely through funds approved by Parliament and is safeguarded by the accounting officer, who is the permanent secretary.
Churu added that the accounting officer is responsible for protecting the ministry’s assets and ensuring they are not misused, and that any disposal of assets is strictly governed by law and requires approval from the Ministry of Finance. Said Churu:
“Over the years, whenever a ministry wants to dispose of assets they seek permission from the ministry of finance and economic development.
“If it’s a matter that involves government revenue, expenditure or actions with respect to assets, then the accounting officer has to undertake the necessary procedure.”
Under cross-examination by Mandiki, Churu agreed that a minister is not an accounting officer and does not personally carry out compliance processes.
He also told the court that if evidence showed a Cabinet task force approved the donation of the screens, he could not dispute it.
Another key witness, retired permanent secretary Thokozile Alice Rosemary Chitepo, testified that the screens were lawfully procured using government funds with Treasury approval.
She said 12 screens were distributed to provincial ministries with Treasury involvement, while others went to institutions, including the Zimbabwe Tourism Authority.
Chitepo added that Emmanuel Makandiwa’s United Family International Church received one screen, the Zion Christian Church received one, the University of Zimbabwe received some, and Walter Magaya’s Prophetic Healing and Deliverance (PHD) Ministries received two.
While she acknowledged that some letters relating to six disputed screens were signed by Mzembi, she admitted under cross-examination that she was not in office at the time and could not speak to the exact circumstances.
She also confirmed that the donations took place when the government was promoting religious tourism.
Evidence from former Tourism permanent secretary Florence Nhekairo further supported the defence.
In a statement submitted to the court, Nhekairo said a ministry asset audit conducted in 2016 found no irregularities.
Another witness, Rockford Nyamakura, the former finance director in the Ministry of Tourism, testified that the screens were distributed through official channels.
He added that the screens were initially loaned out and that responsibility for ministry assets rests with the permanent secretary, not the minister.
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