Source: Mzembi’s prosecution challenge dismissed – DailyNews Live
Tarisai Machakaire 20 February 2018
HARARE – Former Cabinet minister Walter Mzembi’s bid to challenge
prosecution on corruption charges on basis that government had no right to
charge him over alleged loses incurred during the 2013 United Nations
World Tourism Organisation (UNWTO) General Assembly was thrown out
yesterday.
Represented by Job Sikhala, he argued that the said property and funds in
question belonged to the international body and not Zimbabwean government.
However, Harare magistrate Rumbidzayi Mugwagwa differed in her ruling.
“The accused person’s application is hereby dismissed. The court held that
there was sufficient nexus to connect the accused person to the crime. It
is not in dispute that he was the responsible minister during the time the
offence was allegedly committed,”Mugwagwa ruled.
Mzembi, 54, is jointly charged with Tourism and Hospitality ministry
consultant Aaron Dzingira Mushoriwa, 62, and ex-permanent secretary
Margret Sangarwe, 59.
The State alleges the group misappropriated over $1,6 million meant for
the UNWTO event held in Victoria Falls.
Mzembi’s lawyer Job Sikhala said the charges were misplaced because the
Zimbabwean government sought to appropriate assets that had been raised
for UNWTO.
He said UNWTO was an agency of the United Nations charter governed in
terms of international law.
“Any donations raised are in terms of international law and cannot be
appropriated by the State they belong to the UN agency. It is misdirection
by the State in trying to draw the applicant into charges motivated by
political conflict,” Sikhala argued.
“These assets are UNWTO as clearly outlined in the provisions of the
operations of that organisation. It therefore means the Tourism ministry
cannot be the complainant the only appropriate complainant would be
UNWTO.”
Sikhala further argued that Mzembi was not the director or signatory of
Conventions Africa which was contracted to source funding for the event.
He said Mbada Diamonds, which pumped in $150 000 into the event,
contributed to the event as a global partner and knew they could not
directly sponsor the event without concurrence of the UN agency.
“…further to that when the applicant moved from Tourism ministry to
Foreign Affairs he left the alleged stolen vehicle there and it was
registered in UNWTO Corporate Resources Mobilisation Trust that was put in
place to assist government to successfully host the event.
“It would be gross injustice to keep applicant on remand and he has
nothing to answer as the issues raised can only be understood by an
officer of the court not Zimbabwe Anti-Corruption officers who just arrest
after a telephone call and have no appreciation of the law,” Sikhala said.
Prosecutor Michael Reza said Sikhala had applied international law
misguidedly.
“There is a danger that the court may be misled especially on
international law because before that law can apply in any country, it has
to be agreed and signed for, must ratify the treaty and incorporate tenets
of international law into domestic law,” Reza said.
“When the accused person committed this offence, he knew the property did
not belong to UNWTO but Government of Zimbabwe.
“His accomplices fraudulently opened a bank account that was used and
registered assets into a nonexistent trust at Mzembi’s instructions,” Reza
said.
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