Chimombe, Mpofu Sentencing Hearing Deferred To 19 November

ZANU PF members Mike Chimombe and Moses Mpofu are set to return to court on Wednesday for pre-sentencing procedures, following their October 22 conviction on fraud charges linked to a US$87 million goat supply contract. This comes after their two legal attempts to delay the process were unsuccessful.

On Monday, 17 November, Mpofu and Chimombe, represented by lawyers Lovemore Madhuku, Ashiel Mugiya, and Tapson Dzvetero, first applied to Justice Pisirayi Kwenda to defer sentencing until they were provided with his written judgment.

When this application was dismissed, they immediately sought leave to appeal to the Supreme Court, arguing that sentencing could not proceed without the written judgment. The request was also rejected.

Justice Kwenda ruled that the request lacked merit, saying his judgment had already been delivered in open court and was final.

During proceedings, Madhuku argued that access to the written judgment was a legal right essential for fairness, warning that proceeding without it could “render the trial unfair.”

Dzvetero added that withholding judgment could prejudice the convicts.

State counsel Whisper Mabhaudhi countered that there was no legal barrier to proceeding, accusing the defence of citing the wrong legal provision and stressing that both accused were present when the judgment was delivered and “were supposed to take notes.”

The two were convicted of using forged documents to secure a tender to supply 632,001 goats under a government livestock pass-on scheme valued at US$87,757.16.

The tender was awarded to Blackdeck Private Limited, but prosecutors said an unregistered entity, Blackdeck Livestock and Poultry Farming, later signed contractual documents with the agriculture ministry.

Investigations also revealed that Blackdeck did not hold a valid tax clearance certificate for 2021, and that a QR code on an NSSA compliance certificate belonged to a different company, Skywalk Investments.

Following the tender award, the ministry paid ZWL1.6 billion — equivalent to US$7,712,197 at the time — in two instalments in 2022.

Blackdeck later claimed to have mobilised 32,500 goats nationwide, but a verification exercise found only 3,713 available. The ministry subsequently cancelled the contract on 29 August 2022.

To date, prosecutors say only 4,208 goats, valued at US$331,445.25, have been delivered, leaving a financial prejudice of US$7,380,751.85.

Mpofu and Chimombe maintain that the charges are politically motivated, accusing their former business partner, Wicknell Chivayo, of orchestrating their arrest following a falling out.

More: ZimLive