KEY POINTS
- Mpofu and Chimombe’s fraud trial was postponed until Wednesday.
- Defense lawyers cited incomplete documentation from the State.
- Accused businessmen claim their constitutional rights have been violated.
The trial of Zimbabwean businessmen Moses Mpofu and Mike Chimombe, accused of fraud, has been postponed to Wednesday after their lawyers requested additional time to gather documents for their defense. The High Court, led by Judge Pisirayi Kwenda, granted the postponement to allow both parties to discuss pending paperwork.
Legal defense requests postponement
Mpofu and Chimombe face charges related to allegedly forging tax clearance and compliance certificates from the Zimbabwe Revenue Authority (ZIMRA) and National Social Security Authority (NSSA). The forged documents were reportedly attached to a bid for a government tender involving the supply of goats under the Presidential Goat Pass-on Scheme.
During Monday’s session, defense lawyer Tapson Dzvetero, representing Mpofu, stated that the State had not provided all requested documents. “We are not ready to proceed,” Dzvetero said, explaining that they had written to the State on September 20 asking for further particulars, but only received partial documentation. He emphasized that they needed more time to discuss the availability of missing documents before starting the trial.
Chimombe’s legal team, led by Lovemore Madhuku, echoed the same concerns. Madhuku said he was still reviewing court documents to fully understand the details of the case. State representative Witness Mabhaudhi consented to the postponement.
In response, Judge Kwenda allowed the hearing to be rescheduled for Wednesday, noting that all parties must be prepared. “We will allow the postponement to tomorrow but stress that in a criminal trial, we need only a whole week to deal with a lot of witnesses,” he said. The judge urged the lawyers to resolve any procedural matters before proceedings commenced.
Constitutional concerns and fair trial
The defense team also raised concerns about how Mpofu and Chimombe had been treated since their arrest. Madhuku stated that their clients’ constitutional rights had been violated, claiming that their right to a fair trial had been compromised.
“We are going to raise constitutional issues when the trial starts,” Madhuku said, adding that the rights granted by the constitution “ought to be enjoyed” without interference.
Madhuku hinted that these violations might require the matter to be referred to the constitutional court for a determination on whether a fair trial is possible under the current circumstances. According to New Zimbabwe, he insisted that the accused should not be subjected to any trial unless their constitutional rights are fully protected.
The trial is now set to continue from October 2 to 4, with hearings scheduled to proceed without any further delays.
Fraud allegations and tender scheme
The charges against Mpofu and Chimombe involve allegations of forgery related to a government tender for the Presidential Goat Pass-on Scheme. According to the State, the businessmen forged ZIMRA tax clearance and NSSA compliance certificates in the name of their company, Blackdeck Private Limited.
These documents were then allegedly used to bid for the supply and delivery of goats under the tender from the Lands Ministry.
The forged documents were purportedly signed by Chimombe, with the intention of misleading government authorities and securing the contract. The prosecution is expected to present multiple witnesses to support these claims during the upcoming trial days.
The case has drawn significant public attention as it involves high-profile businessmen and allegations of fraudulent activities connected to a government project intended to support agricultural initiatives.