Online Reporter
Fidelis Munyoro
Chief Court Writer
The trial of businessmen Moses Mpofu and Mike Chimombe resumed this week at the High Court, with Mpofu taking the stand to testify regarding his role in the Government’s US$7 million Presidential Goat Pass-On Scheme.
Mpofu, represented by Advocate Tapson Dzvetero, told the court he was a director at Blackdeck (Pvt) Ltd, holding a 10 percent shareholding.
He said he and Tinashe Chimombe were appointed by the company to represent it in negotiations with the Ministry of Lands, Agriculture, Water, Fisheries and Rural Development after Blackdeck was awarded the tender.
The prosecution alleges that Mpofu and Chimombe misrepresented their capacity to execute the contract and misused funds advanced by the Government for the project.
The State aims to prove that the accused fraudulently benefited from the deal without delivering the agreed livestock.
However, the defence seeks to show that the tender was legally acquired, the contract terms were negotiated transparently, and funds were allocated as per agreement.
Mpofu testified that the ministry invited him, Tinashe Chimombe, and Gift Matiza to a meeting to discuss the contract. The ministry was represented by procurement director Mr Makoni, Ms Precious Isah, and two other officials.
“The ministry indicated the project was urgent and proposed a five-year contract from 2021 to 2026,” he said.
He told the court that the company initially proposed a 70 percent advance payment of the total tender amount of US$87 757, which was to be paid in local currency at the prevailing exchange rate.
Mpofu said 40 percent of the advance was to be used for infrastructure at holding centres, vaccines, transport, feed, and labour. Another 30 percent was intended for goat delivery in the first year.
“The company planned to begin its own goat breeding programme after the first year,” he said.
He said the US$100 per goat price covered logistics, including payment for agents across the country. He stated that the ministry rejected the 70 percent advance proposal and negotiations resulted in a 30 percent advance payment agreement.
The ministry then requested a bank guarantee for the advance payment, which Blackdeck obtained from MetBank.
“The guarantee was intended to secure the ministry’s funds in case of non-performance,” he said.
After submitting the guarantee, Mpofu and Tinashe Chimombe signed the initial contract. Mpofu’s lawyer submitted board resolutions authorising their representation in the negotiations.
Mpofu said the ministry’s legal department was responsible for finalising the contract draft after the pre-contract was signed.
Asked about the inclusion of company names on the contract, Mpofu said the ministry was responsible for inserting them. He agreed with the testimony of State witness Mrs Garise-Nheta, who stated that the different company names referred to the same legal entity.
The trial was adjourned to August 4. Mpofu will continue giving evidence on that date. The prosecution will then begin cross-examination.
