Zimbabwean businessmen Mike Chimombe and Moses Mpofu, both facing fraud charges over a street lights tender with the Harare City Council, have filed a fresh bail application. The two Zanu PF affiliates argue that they are being unfairly targeted by the State, with their case set to be heard by Magistrate Marewanazvo Gofa. A decision on their bail application is expected next Tuesday.
Businessmen Deny Wrongdoing, Claim Victimization
Chimombe and Mpofu were arrested earlier this year on charges of falsifying documents to secure a lucrative street lights tender. They have consistently denied any wrongdoing, arguing that the charges against them are politically motivated and lack sufficient evidence. Their latest bail application comes after a previous attempt was dismissed by the High Court, which ruled that their initial application should have been made at the Magistrates’ Court level.
Through their legal representatives, Ashiel Mugiya and Tapson Dzvetero, the businessmen claim that the State’s case is weak and that they have not personally benefited from the alleged fraud. “The State does not allege that either of the applicants received money personally, which clearly shows a characteristic of victimization,” their lawyers argued. They assert that the charges appear designed to use the courts to persecute them rather than serve justice.
The defense also contends that Juluka Projects Limited, the company that won the tender, should be the focus of any legal action. They argue there is no solid proof that Chimombe and Mpofu submitted fraudulent documents prepared by an unregistered consultant, as claimed by the State. According to their lawyers, “The State’s case is weak, and there is no strong evidence linking our clients to any criminal activity.”
Legal Battle Continues Amid New Allegations
Chimombe and Mpofu’s legal troubles began in June when they were arrested over allegations of defrauding the government of $7 million in a failed Presidential Goat Scheme. While in custody, new accusations related to the Harare street lights tender emerged, leading to their rearrest and continued detention. The businessmen were initially denied bail by both the Magistrates’ Court and the High Court in the earlier case, further complicating their legal battle.
The two are now seeking bail again, arguing that the State’s lack of clear evidence warrants their release. They maintain that the charges are baseless and aimed at tarnishing their reputations. Their lawyers have emphasized that admitting the businessmen to bail would be appropriate given the circumstances, particularly as the State’s case “is manifestly doomed to fail.”
As the court prepares to make a ruling next week, the businessmen’s supporters argue that their treatment highlights broader issues within Zimbabwe’s justice system, where political motivations can often influence legal proceedings. Observers are closely watching the outcome, as it could set a precedent for similar cases in the future.
Broader Implications for Zimbabwe’s Justice System
The case against Chimombe and Mpofu has drawn attention to potential flaws in Zimbabwe’s legal and political systems, especially concerning the intersection of business and politics. The accusations and subsequent legal maneuvers reflect ongoing tensions in Zimbabwe, where allegations of corruption and misuse of public funds are not uncommon.
Critics argue that the State’s actions against the two businessmen could be part of a broader strategy to suppress political rivals and silence dissent. Meanwhile, supporters of Chimombe and Mpofu argue that the charges lack merit and are designed to distract from other issues facing the country.
The upcoming ruling by Magistrate Gofa will likely have significant implications, not just for Chimombe and Mpofu, but for how similar cases are handled in the future. A decision to grant bail could be seen as a victory for those who argue that the justice system should not be used as a tool for political gain. On the other hand, a denial could reinforce perceptions that political considerations often outweigh legal principles in Zimbabwe.
As the legal proceedings continue, Zimbabweans await the court’s decision, hoping for a fair and just outcome that respects the rule of law and holds all parties accountable.
Source: New ZimbabweÂ
