HARARE – Former Tourism Minister Walter Mzembi will remain in custody after the High Court dismissed his appeal for bail pending trial, ruling that his history of absconding and the gravity of charges against him make him a flight risk.
Justice Dembure on Thursday upheld an earlier Magistrates’ Court ruling denying Mzembi bail, citing his long absence from court since 2018 and the seriousness of allegations that he stole trust property valued at nearly US$1 million.
Mzembi, who served in government until 2018, faces charges linked to the alleged unlawful disposal of public assets. He became a fugitive seven years ago after failing to appear in court, claiming he had travelled abroad for medical treatment.
“He needs to put this court into confidence that if he is released on bail, he is not going to abscond again. This court is not convinced that the accused person will stand trial if he is released on bail,” Justice Dembure ruled.
Defence arguments dismissed
Mzembi’s legal team had argued that prolonged delays in bringing him to trial, which they blamed on the State, justified granting bail. But Justice Dembure rejected the claim, noting that the delays were largely a result of Mzembi’s own fugitive status.
“The record clearly shows that the appellant could not be tried as he was a fugitive from justice for about seven years,” he said.
The court also highlighted that Mzembi had failed to produce convincing medical evidence or firm guarantees that he would honour bail conditions.
Bail not a right
In a stern rebuke, Justice Dembure stressed that bail is not an automatic entitlement but a discretionary privilege.
“The mere acknowledgment by a court that there is a new fact or circumstance is not the end in itself. Each case is dealt with on its own merits,” he said.
With the ruling, Mzembi will remain in remand custody while awaiting trial.
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