South Africa has been asked to extradite former Cabinet
Minister Walter Mzembi who skipped bail while on remand on charges of criminal
abuse of duty and theft of trust funds involving US$847 000.
Mzembi, who allegedly committed the offences when he was
Minister of Tourism and Hospitality Industry and was spearheading Zimbabwe’s
cohosting of the United Nations World Tourism Organisation (UNWTO) Conference
in August 2013, is believed to be staying in South Africa since he skipped bail
on the criminal charges some two years ago.
The Government, through the National Prosecuting Authority
(NPA) is seeking the assistance of the South African authorities to bring
Mzembi to a Zimbabwean court to answer allegations of stealing vehicles worth
US$130 000, which had been donated for UNTWO General Assembly.
Mzembi also stands accused of abusing his office by
donating four public viewing screens worth US$200 000 to Zion Christian Church,
United Family International Church and Prophetic Healing Deliverance Ministries
in violation of the Public Finance Management Act.
The screens were the property of the Ministry of Tourism
and Hospitality Industry and Mzembi is accused of showing favour to the three
churches by giving them screens without the Treasury’s concurrence.
In another case, Mzembi and two others — Susanna Makombe
Kuhudzayi and Aaron Mushoriwa Dzingira — received donations amounting to US$815
000 for UNTWO from Mbada Diamonds on behalf of the Government and converted
US$517 360 to their own use.
In a request for extradition, Acting Deputy
Prosecutor-General Mr Nelson Mutsonziwa indicated that Mzembi’s prosecution will be solely in
respect of these criminal abuse of office and theft charges.
Mr Mutsonziwa, in an affidavit commissioned by chief law
officer Mr Chris Mutangadura, assured the South African government that the
criminal charges preferred against Mzembi were not political.
He said Mzembi should simply be brought to court within
reasonable time for justice to prevail.
“The accused will not be prosecuted for any offence other
than theft, criminal abuse of duty as a public officer as defined in Section
174(1) of the Criminal Law (Codification and Reform) Act [Chapter 9:23], based
only upon the facts stated in this request.
“This request is not being pursued for political reasons or
any ulterior purpose. Zimbabwe guarantees that Walter Mzembi will receive a
fair trial in terms of the laws of Zimbabwe. The Republic of Zimbabwe also
undertakes to render assistance to the Republic of South Africa in any criminal
matter,” reads part of the request.
While there is no formal extradition agreement between
South Africa and Zimbabwe, the National Prosecution Authority premised its
request on the Extradition (Designated Countries) Order of 1990 which
designated South Africa as one of the nations to which the Government can seek
legal mutual assistance in extradition cases. South Africa and the Republic of
Zimbabwe.
According to the request, three warrants of arrest have
since been issued against Mzembi in the pending cases and the prosecution of
others who are in Zimbabwe was also stalled by the politician’s absence.
Walter Mzembi has three warrants of arrest issued against
him by the Harare Magistrates Court. The first concerns a trial supposed to start on 29 November
2018.
The second involves Mzembi, Susana Makombe Kuhudzai and
Aaron Dzingira Mushoriwa whose trial date was supposed to be 26 November 2018.
The third involves Mzembi, Aaron Dzingira and Margaret
Mukahanana Sangarwe whose trial date was 19 November 2018.
“In all the above three cases, Walter Mzembi defaulted
court,” reads the extradition papers.
In 2011, Zimbabwe and Zambia won the bid to co-host the
20th United Nations World Tourism Organisation (UNWTO) Conference in August
2013.
Zimbabwe assigned Mzembi, who was the Minister of Tourism
and Hospitality Industry, to spearhead the organisation and hosting of the
conference. The ministry came up with various avenues to raise money for
hosting the event.
Mzembi engaged Susanna Makombe Kuhudzayi and Aaron Dzingira
Mushoriwa as consultants to carry out fund raising activities.
Kuhudzayi and Mushoriwa allegedly formed a consultancy
entity styled Conventions Africa, which was not registered with the Registrar
of Companies and they opened a ZB bank account in the name Conventions Africa.
Mzembi would generate letters requesting for donations from
the corporates which the consultants used to seek donations in cash or kind,
towards the hosting of UNWTO General Assembly. Herald
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