Chimombe, Mpofu trial deferred

Fidelis Munyoro-Chief Court Reporter

THE trial of Harare businessmen, Moses Mpofu and Mike Chimombe, on charges of fraud involving US$7,7 million allegedly siphoned from the Presidential Goat Pass-On Scheme has been deferred to October 22, to allow the defence team to file its application to refer their constitutional questions to the Constitutional Court (Concourt).

There will then be need for rulings on whether the trial is suspended while the application is made, and any direct referral will also need the approval of the Concourt.

The legal move has stalled the trial that had been scheduled to begin on Monday this week.

The first question the two seek to refer to the Constitutional Court is whether it is legal to have assessors aged over 70 sit with a judge in a trial. The two are also seeking a determination of the Constitutional Court on several other questions relating to what they argue are constitutional breaches of their individual rights under the provisions of the supreme law.

In criminal cases tried in the High Court, a judge sits with two assessors and while the judge decides questions of law alone, on questions of fact the court works by majority vote with the three having an equal vote.

The prosecution led by Mr Whisper Mabhaudi did not oppose the defence request.

Justice Kwenda granted the request by the defence and deferred the matter to October 22 for hearing of the application.

Charges against the two arose after they allegedly forged a ZIMRA tax clearance certificate and a NSSA compliance certificate in the name of Blackdeck Private Limited and attached them in a bidding document which they submitted to the Ministry of Lands, Agriculture, Water, Fisheries and Rural Development for a tender for the supply and delivery of goats for the Presidential Goat Pass-on Scheme.

They misrepresented that the company was in full compliance with ZIMRA and NSSA requirements. However, later investigations showed that the QR code and the reference on the NSSA compliance certificate were issued to a different company, and that Blackdeck (Pvt) Ltd was deregistered from the NSSA system in January 2016.

Further, investigations revealed that Blackdeck (Pvt) Ltd was not issued with a ZIMRA tax clearance certificate for 2021 and that the QR code on the forged tax clearance certificate belonged to a different company.

Acting on the misrepresentation on November 16, 2021, the Ministry of Agriculture entered into a contract with Blackdeck Livestock and Poultry Farming for the supply and delivery of 632 001 goats for the Presidential Goats Pass-on Scheme valued at US$87 757 168.

On the contract, Blackdeck Livestock and Poultry Farming was represented by Mpofu and Tinashe Chimombe, who was his witness.

The Ministry contracted Blackdeck (Pvt) on November 30 2021 and transferred Z$901 294 200 on April 21 2022 and Z$698 705 800 on 29 June 29 2022.The total amount was Z$1,6 billion, which was equivalent to US$7 712 197.

Following delays in the delivery of the goats, Ministry officials made several engagements with Chimombe and Mpofu, who misrepresented that they had mobilised 32 500 goats across the provinces which were ready to be distributed to the beneficiaries.

However, a verification process revealed that the two only had 3 713 goats in their holding sites, and so the Ministry consequently cancelled the contract on 29 August 2022.

The accused persons only supplied 4 208 goats valued at US$331 445 and went on to convert the remaining US$7 380 751 to their personal use.

Mr Tapson Dzvetero assisted by Ms Tatenda Lorraine Shaka is acting for Mpofu while Professor Lovemore Madhuku and Adv Garikai Sithole, instructed by Mr Ashley Mugiya, are representing Chimombe.