The National Prosecuting Authority (NPA) on Wednesday withdrew corruption charges against business partners Moses Mpofu and Mike Chimombe, who were accused of defrauding the City of Harare in a US$9 million tender to supply and install streetlights.
The withdrawal occurred before the plea when the duo appeared before Justice Benjamin Chikowero of the Harare High Court for the commencement of their trial.
Whisper Mabhaudhi, representing the National Prosecuting Authority, did not provide reasons for the withdrawal of the charges.
The alleged fraud stemmed from a US$260,000 advance payment linked to the controversial streetlighting contract, which authorities claimed was riddled with irregularities.
The State had accused Mpofu and Chimombe of misrepresenting their credentials to secure the tender, alleging they falsely claimed to have undertaken light bulb installations in the Harare CBD and previously installed Christmas lights for the City of Harare.
It was also alleged that they provided unregistered audit documents to bolster their application. After being awarded the tender, Mpofu signed as the managing director of Juluka, their company at the centre of the controversy, while Chimombe validated the documents, facilitating the release of the advance payment.
One of the duo’s lawyers, Ashiel Mugiya, commented on the development, saying he was certain that the state withdrew the charges due to a weak case against his clients.
Mpofu’s lawyer, Tapson Dzvetero, welcomed the state’s withdrawal of the charges. He said:
Our clients are on the record regarding the weakness of the state case and that the charges they are facing are trumped up, baseless and unfounded.
They have no case to answer. It is only unfortunate that such withdrawal happens after all this long and after the long pre-trial incarceration for so long.
Last year, Chimombe challenged the NPA to prove his connection to the streetlights tender. However, his challenge was dismissed by Magistrate Dennis Mangosi. In the alleged crime, Mpofu was identified as the main suspect.
Both men were arrested by the Zimbabwe Anti-Corruption Commission (ZACC) for this case while already in remand prison, having been previously arrested over a US$7 million goat supply tender.
Chimombe consistently argued he was neither an employee nor a director of Juluka Enndo Joint Venture, the company central to the controversial streetlights deal.
The prosecution had alleged that the business partners criminally misrepresented facts in their tender application.
Chimombe now faces only one pending case concerning allegations of fraudulently securing a US$87 million goat tender, while Mpofu still has two active cases: the aforementioned goat tender and a separate biogas deal with the Harare City Council.
Both businessmen have spent over 11 months in remand prison facing various fraud charges.
Furthermore, the high-profile goat tender case, currently before Justice Pisirayi Kwenda’s court, also appears to be facing challenges for the prosecution.
More: ZimLive
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