Keypoints:
- Court rejects Mzembi discharge application
- Judge says evidence requires explanation
- Defence case set for March 3–4, 2026
FORMER Zimbabwe tourism minister Walter Mzembi has been ordered to open his defence after a court rejected his application for discharge at the close of the State’s case, marking a decisive procedural turning point in his criminal abuse of office trial.
The ruling, delivered on February 17, 2026, means Mzembi must now respond directly to allegations that he unlawfully donated state property to private entities while serving as Minister of Tourism and Hospitality Industry.
Why the ruling matters
The decision moves the trial into its next phase after prosecutors concluded presenting their evidence. Mzembi’s legal team had advised him to forfeit presenting a defence, arguing the State failed to establish a prima facie case as outlined in the indictment.
Instead, the court ruled that evidence already on record requires an explanation from the accused — a legal threshold that does not determine guilt but obliges him to answer the allegations.
Court finds case to answer
In denying the discharge application, the judge said the key question at this stage was whether evidence existed that called for a reply.
‘At this stage of proceedings, the simple question is… is there evidence against the accused person which will require him to answer,’ the court said, concluding that the answer was yes.
According to the indictment, Mzembi allegedly donated Public Viewing Area (PVA) television screens — purchased using government funds — to three churches without complying with laws governing the disposal of state property.
The court noted allegations that Treasury authority was not sought and that the private entities had not submitted formal requests prior to receiving the equipment.
‘The property did not belong to the accused,’ the judge said, adding that state assets should not ordinarily be donated to private organisations.
Section 314 evidence proves decisive
A central factor in the ruling was evidence admitted under Section 314 procedures, allowing certain facts to be formally accepted without additional proof.
The judge criticised defence counsel Emmanuel Samundombe for failing to address this admitted evidence during arguments for discharge, despite objections raised by prosecutors.
The court ruled that the admitted material was sufficient to relieve the prosecution of leading further evidence on those facts.
Written statements from officials of the three churches indicated that Mzembi personally attended church events where he pledged to donate the television screens, which were later delivered without conditions attached.
In one case, correspondence described the transfer as a loan rather than a donation — an inconsistency the court said the accused must clarify in his defence.
Questions now facing the defence
The judge outlined several issues requiring explanation, including:
- the authority under which Mzembi pledged and donated state property;
- why three specific churches were selected as beneficiaries;
- why procedures differed from transfers made to government institutions;
- and why the donated equipment carried no conditions normally attached to state assets.
While acknowledging that the Ministry’s permanent secretary bore responsibility for safeguarding government property, the court emphasised that the pledges themselves were allegedly made personally by the accused.
‘It is not the permanent secretary who made the pledges,’ the judge said.
Background to the case
Mzembi pleaded not guilty when the trial opened in January 2026, maintaining that the decisions under scrutiny were administrative actions taken during preparations for international tourism initiatives and with cabinet sanction more than a decade ago.
As previously reported by Africa Briefing, prosecutors argue the transfers constituted criminal abuse of office, while the defence maintains the actions were lawful and undertaken within ministerial authority.
What happens next
With the discharge application denied, the trial now shifts procedurally to the defence phase, where Mzembi is expected to present evidence explaining the legal authority underpinning the donations.
Legal observers say the upcoming hearings could prove decisive, as the defence seeks to demonstrate that the minister acted with proper approval or policy justification.
The defence is scheduled to open its case on March 3 and 4, 2026.
