News / Local
Chimombe, Mpofu faces another huddle
16 Oct 2024 at 15:53hrs | Views
The National Prosecuting Authority (NPA) has announced its intention to oppose a High Court application filed by jailed businessmen Mike Chimombe and Moses Mpofu, who are seeking to refer their US$7 million fraud case to the Constitutional Court (ConCourt). The NPA asserts that the application lacks merit and is based on a series of rights violations that the accused claim occurred during their trial.
In a notice of opposition signed by NPA prosecutor Whisper Mabhaudhi on Monday, the authority stated, "The application for referral to the Constitutional Court is devoid of any merit." The NPA contends that Chimombe and Mpofu have failed to demonstrate any constitutional issues warranting referral under Section 175(4) of the Constitution of Zimbabwe, labeling their claims as "frivolous and vexatious."
Chimombe and Mpofu are facing serious charges of fraud involving US$7 million related to a failed presidential goat scheme. In their application dated October 9, they argued that their rights to a fair trial have been violated, specifically citing concerns about the judicial panel overseeing their case. They pointed out that two assessors on the panel, along with Justice Pisirayi Kwenda, are over 70 years old, which they argue nullifies the panel's legitimacy. They referenced Section 186(5) of the Constitution, which states that High Court judges must retire at the age of 70.
Despite this, it is important to note that the current age limit for judges has been raised to 75 years. Additionally, the accused alleged that one of the assessors was arbitrarily replaced without consultation or consent from their legal team, further compromising the fairness of the trial.
Chimombe and Mpofu's application also highlights procedural irregularities during their trial, including a judge's decision to grant permission for media livestreaming of court proceedings in the absence of the accused and without their knowledge of the application’s parties.
The NPA's notice addressed these concerns, stating, "The applicants have failed to demonstrate that there are constitutional issues that arose during the course of the current proceedings that would warrant referral to the Constitutional Court."
Chimombe and Mpofu also claim that they have been subjected to interference by the Zimbabwe Anti-Corruption Commission (ZACC) and their former business partner, Wicknell Chivayo, in connection with the case. They allege that ZACC chairperson Michael Reza had improperly influenced the due processes regarding their bail applications and trial proceedings.
The NPA has firmly stated its position, requesting the dismissal of the orders sought by Chimombe and Mpofu, arguing that the application lacks constitutional validity. As the case unfolds, the outcome could have significant implications for the defendants and the broader landscape of legal accountability in Zimbabwe.
In a notice of opposition signed by NPA prosecutor Whisper Mabhaudhi on Monday, the authority stated, "The application for referral to the Constitutional Court is devoid of any merit." The NPA contends that Chimombe and Mpofu have failed to demonstrate any constitutional issues warranting referral under Section 175(4) of the Constitution of Zimbabwe, labeling their claims as "frivolous and vexatious."
Chimombe and Mpofu are facing serious charges of fraud involving US$7 million related to a failed presidential goat scheme. In their application dated October 9, they argued that their rights to a fair trial have been violated, specifically citing concerns about the judicial panel overseeing their case. They pointed out that two assessors on the panel, along with Justice Pisirayi Kwenda, are over 70 years old, which they argue nullifies the panel's legitimacy. They referenced Section 186(5) of the Constitution, which states that High Court judges must retire at the age of 70.
Despite this, it is important to note that the current age limit for judges has been raised to 75 years. Additionally, the accused alleged that one of the assessors was arbitrarily replaced without consultation or consent from their legal team, further compromising the fairness of the trial.
The NPA's notice addressed these concerns, stating, "The applicants have failed to demonstrate that there are constitutional issues that arose during the course of the current proceedings that would warrant referral to the Constitutional Court."
Chimombe and Mpofu also claim that they have been subjected to interference by the Zimbabwe Anti-Corruption Commission (ZACC) and their former business partner, Wicknell Chivayo, in connection with the case. They allege that ZACC chairperson Michael Reza had improperly influenced the due processes regarding their bail applications and trial proceedings.
The NPA has firmly stated its position, requesting the dismissal of the orders sought by Chimombe and Mpofu, arguing that the application lacks constitutional validity. As the case unfolds, the outcome could have significant implications for the defendants and the broader landscape of legal accountability in Zimbabwe.
Source - online
