Mzembi’s trial opened before Justice Benjamin Chikowero, with the former minister denying charges of criminal abuse of office and theft of trust property through his lawyer Killian Mandiki. The case centres on the donation of public viewing television screens to churches and institutions at the conclusion of the 2010 World Cup hosted by South Africa. Mzembi was tourism minister at the time.
Churu confirmed that Mzembi was appointed by then president Robert Mugabe and outlined the functions of a minister, which include policy formulation, supervision of public entities and coordination of international agreements. However, he stressed that a minister does not have legal authority to personally dispose of government assets. “A minister, without the accounting officer undertaking the necessary formalities, cannot do a donation,” Churu told the court.
He explained that government property is largely acquired through funds appropriated by parliament and is safeguarded by the accounting officer, who is the permanent secretary. “The accounting officer is responsible for safeguarding assets of the ministry, ensuring that they are not abused in any form,” Churu said, adding that asset disposal is governed by law and requires approval from the finance ministry. “Over the years, whenever a ministry wants to dispose of assets they seek permission from the ministry of finance and economic development,” he said.
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“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 conceded that a minister is not an accounting officer and does not personally execute compliance processes. “I’s also true that a minister by law is not an accounting officer,” he said, adding that if a minister issues instructions, “the accounting officer then undertakes the necessary procedures.” He also told the court that if evidence showed a cabinet task force approved the donation of the screens, “I can’t dispute that.” Another key witness, retired permanent secretary Thokozile Alice Rosemary Chitepo, testified that the screens were lawfully procured using government funds following treasury approval. “In this particular instance a request was made to the secretary of finance to release US$2 million for the purchase of public viewing equipment to be used for FIFA events the country was hosting,” Chitepo said.
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