HARARE – Former Foreign Affairs minister Walter Mzembi has told a HARARE magistrate that his three warrants of arrest should be cancelled due to his ongoing medical treatment for cancer. Mzembi, who has spent several years in South Africa, made the plea upon his return to Zimbabwe, where he was promptly arrested.
Mzembi appeared before HARARE regional magistrate Donald Ndirowei, who postponed the matter to today for a possible ruling on the default inquiry.
Mzembi was arrested when he touched down at Robert Mugabe International Airport over the weekend, accused of skipping court.
The former tourism minister, who is being represented by Killian Mandiki, filed written submissions before the court stating that when he applied to have his passport released in 2018, he had indicated that he wanted to get medical treatment abroad after being diagnosed with cancer.
In his application filed before HARARE Magistrate Donald Ndirowei on Monday, Mzembi said he has always wanted to have his case finalised, the reason he returned home after a long time, using the proper channels.
He further argued that there will be no prejudice to the State if the court cancels the warrants of arrest.
In the application of warrant of arrest default inquiry, the defence argued that Mzembi returned without arrest, threat or enticement.
It further argued that Mzembi was diagnosed with cancer which requires constant, consistent care and critical medication to survive.
The defence counsel also submitted that investigations should be logically completed, adding that Mzembi had a fit and proper defence to both cases should he be subjected to trial.
Mzembi’s lawyer averred that the court can impose suitable conditions and he is willing to submit his passport which is his primary travel document he used to exit the country in 2018.
Mandiki also submitted that his client has not employed any tactics to evade the borders but left and returned using proper channels showing he is a law-abiding citizen who respects and upholds the laws of Zimbabwe.
He also said he is battling an ailment which has seen him hospitalised on several occasions, hence he could not return.
“On numerous occasions, he has relapsed and needed alterations and been admitted and reassessed to an extent that this condition remains a life-threatening long-term illness.
“Due to travel document requirements, the same accused could not continue to get treatment in South Africa, and the only next medical facility that was capable of properly managing his condition was in Zambia.
“It remains his humble submission that he could not get the necessary treatment locally.
“Upon relocation to the same in early 2024, the accused’s condition had seriously deteriorated as he arrived only to be admitted and placed on oxygen for over 10 days. In support of this, I have tendered a detailed report from his current medical team as well as the bill for the duration of his stay as well as pictures of his stay in hospital.
“The accused again remains under the constant care of his medical practitioners of this critical condition I refer to the June report currently attached hereto.
“The accused, feeling much better, then travelled to Zimbabwe to manage these issues and was then arrested at the airport before being awarded an opportunity to submit himself freely to the court.
“He came of his own free will and without coercion or enticement.
“Had he been given a chance to, he freely would have come to court to address the warrants of arrest and deal with the matters in their entirety,” said his lawyer, Killian Mandiki.
Before he left the country, Mzembi told a HARARE magistrate, Milton Serima, that he was battling stomach cancer and would be undergoing treatment in South Africa for at least a year.
The magistrate approved his application for further release of his passport to allow for the frequent trips to South Africa for a check-up.
The ex-minister produced a supporting letter from a South African medical specialist who indicated that he will be required to return for post-operative reviews.
He told the court that he was hospitalised in an intensive care unit on the day he was supposed to attend court. The warrant was cancelled.
Acting deputy prosecutor-general Tendai Shonhayi told the court that she would have responded to the written submissions by end of day yesterday.
Mzembi was arrested last week by the Zimbabwe Anti-Corruption Commission for breaching bail conditions in two cases where he is being accused of theft of trust property and failure to return a passport released for a specific number of days.
Mzembi was then represented by his lawyer, Job Sikhala.
Back then, the lawyer tried to keep Mzembi’s medical condition under wraps by requesting that the case be held in camera, but the application was turned down.
Ndirowei is expected to hand down his ruling on Mzembi’s application this Tuesday.
Mzembi is accused of stealing US$1,6 million, among other charges, when he was still the Tourism and Hospitality Minister.
He was being charged together with Tourism and Hospitality ministry consultant Aaron Dzingira Mushoriwa (62) and the ex-permanent secretary Margret Sangarwe (59).
Prosecutors allege that when he stole US$1,6 million in donations from Mbada Diamonds and Zimplats, Mzembi and his accomplices bought themselves top-of-the-range vehicles.
The ex-minister is facing theft of trust property as well as fraud charges.
Mzembi is also facing separate charges of criminal abuse of office relating to a donation of television sets to three churches – the Prophetic Healing and Deliverance (PHD), United Family International (UFI) and the Zimbabwe Christian Church (ZCC).
It is his argument that he did this in line with a government policy of religious tourism. The televisions were bought by the ministry for the outside showing of the 2010 World Cup.
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