By Chantelle Muzanenhamo
Former Tourism Minister Walter Mzembi will remain in custody after the High Court dismissed his appeal for bail pending trial, ruling that his past record of absconding and the seriousness of the charges make him a flight risk.
Justice Dembure on Thursday upheld an earlier Magistrates’ Court decision to deny Mzembi bail, citing his seven-year absence from court since 2018 and allegations that he misappropriated trust property worth nearly US$1 million.
Mzembi, who served in government until 2018, is facing charges over the alleged unlawful disposal of public assets. He fled the country after missing a court appearance, claiming he had travelled abroad for medical treatment.
“The accused must convince this court that he will not abscond if released. This court is not satisfied that he will stand trial,” Justice Dembure said.
Mzembi’s lawyers argued that trial delays caused by the State justified granting him bail. But Justice Dembure dismissed the claim, noting the delays stemmed from Mzembi’s fugitive status.
“The record clearly shows the appellant could not be tried because he was a fugitive from justice for about seven years,” he ruled.
The court further noted that Mzembi failed to provide credible medical records or assurances that he would comply with bail conditions.
In his ruling, Justice Dembure emphasized that bail is not an automatic right but a matter of judicial discretion.
“The mere acknowledgment by a court that there is a new fact or circumstance is not the end in itself. Each case is decided on its own merits,” he said.
With this decision, Mzembi will remain in remand custody pending trial.