Business partners Moses Mpofu and Mike Chimombe were found guilty on Wednesday, 22 October, of defrauding the agriculture ministry of US$7 million through a non-existent company in a US$87 million goat supply tender.
The pair, who appeared before Justice Pisirayi Kwenda, had pleaded not guilty and now await sentencing on 31 October.
Mpofu denied the charges, insisting the dispute was a civil matter and that the state should have charged their company, Blackdeck, rather than him personally.
Chimombe also denied any wrongdoing, saying he was only involved as a member of a black empowerment pressure group and had no part in the failed deal.
Their lawyers argued the two men had been unfairly targeted by their former business partner, Wicknell Chivayo.
Chivayo accused them of leaking audio recordings in which he allegedly admitted bribing several government officials to secure contracts for supplying election materials, naming figures such as Chief Cabinet Secretary Martin Rushwaya, former Central Intelligence Organisation head Isaac Moyo, and Zimbabwe Electoral Commission chairperson Justice Priscilla Chigumba.
Chivayo has publicly claimed the men could face 20 years in jail.
Justice Kwenda said the pair had acted in common purpose and shared the guilt. Said Kwenda:
“A company is just a person in terms of the law. It’s really not a natural person created by God. It being a fiction, you can’t touch it.
“It does not have a brain of its own, it does not think or act on its own, so it’s very difficult to separate the acts of a company from the acts of the person who represents it.”
“Mpofu must have been aware of his obligation. He submitted a bid which contained falsified information, which confirms that he was liable.
“He should have called witnesses to confirm that he was not involved in the submission, but he did not do so.
“He knew these witnesses were important as he was being charged in his personal capacity.
“His decision not to call these witnesses was his own, except that one witness had died, which was not verified by production of evidence.”
Justice Kwenda said that when a presumption leads to criminal liability, the burden falls on the accused to prove they were not involved.
Speaking about Chimombe, the judge noted that he attempted to distance himself from the case, but witnesses confirmed that he regularly attended the relevant meetings. Said Kwenda:
“The second accused person strenuously denied he had much involvement in this scheme. We must resolve that factual dispute, and that can be rectified by reference to the testimony of witnesses.
“The witnesses, John Bhasera (agriculture ministry secretary) and Nhundurwa, said they would attend meetings together. We therefore found that he participated.
“We did not find his explanation convincing. If he said he attended meetings with Nhundurwa, that would have nothing to do with lobbying for an award for Blackdeck because it had already been awarded.”
Justice Kwenda dismissed Chimombe’s claim that he attended the meetings only to resolve disputes as part of the Economic Empowerment Group (EEG). He ruled that both men were key players and found them guilty of the charges.
Mpofu’s lawyer, Ashiel Mugiya, said they respect the judgment but are not satisfied with it. He told reporters outside the court that they plan to appeal to the Supreme Court after sentencing.
Mugiya was instructing Professor Lovemore Madhuku, while Tapson Dzvetero represented Mpofu.
Prosecutors told the court that Mpofu and Chimombe, through a company called Blackdeck Private Limited, responded to a September 2021 call by the Ministry of Lands and Agriculture for bids to supply 632,001 goats under a scheme worth US$87.7 million.
The programme aimed to distribute goats nationally, with beneficiaries expected to pass on offspring to other needy households.
Prosecutors said that after winning the tender, the contract was signed by Blackdeck Livestock and Poultry Farming, an unregistered company, with Mpofu representing the firm and Chimombe acting as a witness.
Investigations later revealed that Blackdeck Private Limited had no valid 2021 tax clearance certificate from the Zimbabwe Revenue Authority, and that the QR code attached to its National Social Security compliance certificate actually belonged to a different company, Skywalk Investments. Both documents were mandatory for eligibility to bid.
The National Prosecuting Authority (NPA) said the ministry, relying on these misrepresentations, paid 30 percent of the contract in local currency, ZWL1.6 billion, reportedly equivalent to US$7.7 million, in two instalments on 21 April and 29 June 2022.
When delivery of the goats was delayed, the ministry checked with Blackdeck, which claimed it had mobilised 32,500 goats ready for distribution.
Verification at various sites, however, found only 3,713 goats. The ministry then cancelled the contract on 29 August 2022.
To date, prosecutors say 4,208 goats, worth US$331,445, have been delivered, leaving the ministry allegedly prejudiced to the tune of US$7.38 million.
Mpofu argued that the funds, paid in a volatile local currency, had depreciated before they could be used to purchase goats.
At the time of their arrest, he and Chimombe maintained that the contract was still active and claimed the ministry had not formally declared a breach.
They said they were attempting to renegotiate the contract due to currency losses.
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