Online Reporter
Fidelis Munyoro
Chief Court Reporter
BUSINESS partners Moses Mpofu and Mike Chimombe, convicted of defrauding the Government of US$7 million under the Presidential Goat Pass-on Scheme, are set to learn their fate on November 17, with the prosecution looking for jail terms and has ordered confiscation of their property.
The High Court has scheduled sentencing after finding the two guilty of orchestrating an elaborate fraud scheme.
The prosecution, led by Mr Whisper Mabhaudi, is pressing not only for significant custodial sentences, but also for the confiscation of properties allegedly acquired through proceeds of crime.
Prosecutors are preparing to file a confiscation order under Section 50(1) of the Money Laundering and Proceeds of Crime Act to claw back assets tied to the fraudulent activities.
While the defence has argued that the confiscation application should be handled separately, the prosecution maintains that it is conviction-based and must proceed in tandem with sentencing.
However, the filing has been delayed as the State waits for the court’s written judgment to be uploaded.
“Once the judgment is uploaded, the State will immediately file its application,” Mr Mabhaudi informed the court, adding that a postponement would provide time to consult with the National Prosecution Authority regarding the matter.
The law grants authorities broad powers to trace, seize, and confiscate assets obtained through criminal conduct, and the prosecution appears determined to wield those tools to recover the misappropriated funds.
Justice Pisirayi Kwenda, presiding over the case with assessors Mr Temba Kuwanda and Ms Margaret Chitsiga, indicated that their judgments would be available by Wednesday this week.
Mpofu and Chimombe are expected to return to court on November 14 for pre-sentencing proceedings ahead of the final ruling.
The High Court’s ruling last month marked the culmination of a high-stakes legal battle that kept the two accused in remand prison for over 15 months.
Justice Kwenda delivered a scathing judgment, detailing a sophisticated web of misrepresentation, forged documents, and financial misconduct that inflicted monumental losses on the State.
The Presidential Goat Pass-on Scheme, a US$87 million Government initiative designed to bolster rural livelihoods by distributing goats to struggling farming communities, was at the heart of the scandal.
Prosecutors alleged, and the court confirmed, that Mpofu and Chimombe, through their company Blackdeck (Pvt) Ltd, manipulated the tender process to secure the lucrative contract.
Using unregistered trade names, fraudulent tax clearance certificates, and a counterfeit National Social Security Authority compliance certificate, Blackdeck deceived the Ministry of Lands, Agriculture, Fisheries, Water and Rural Development into awarding them the tender.
However, the company fell woefully short of its obligations, delivering just 3 388 goats out of the promised 32 500, an 89.6 percent shortfall.
A verification report revealed that Blackdeck received advance payments totalling US$7.7 million, funds which prosecutors said were diverted to the illegal foreign currency market instead of being used to fulfil the project’s objectives.
Justice Kwenda underscored the gravity of the fraud, ruling that the evidence against Mpofu and Chimombe was overwhelming.
“The State has proven its case beyond a reasonable doubt,” he declared, citing legal precedent to emphasise the high burden of proof required in cases hinging on circumstantial evidence.
The court systematically dismantled the defence’s argument that Chimombe’s involvement was peripheral.
Justice Kwenda described Chimombe’s participation as “active, deliberate, and central to the fraudulent activities,” rejecting any attempt to minimize his role.
