News / National
Chivayo washes hands of Chimombe fraud case
12 Nov 2024 at 10:57hrs | Views
Prominent businessman Wicknell Chivayo has successfully challenged a subpoena requiring him to testify in a high-profile fraud case involving Zanu PF central committee member Mike Chimombe and his business associate, Moses Mpofu. The two men are accused of defrauding the Ministry of Lands of over US$7 million in a failed national goat supply scheme.
Chimombe and Mpofu, currently on trial, had requested Chivayo's testimony in their application to have the case referred to the Constitutional Court. Chivayo, represented by lawyer Silvester Hashiti, argued that he was unaware of the case's details and was given no explanation for the subpoena, amounting to an "ambush."
Hashiti further argued that Chimombe and Mpofu should bear the costs incurred by Chivayo in hiring legal representation. High Court judge Justice Pisirayi Kwenda ruled in favor of Chivayo after all parties, including attorneys Lovemore Madhuku, Ashiel Mugiya, and Tapson Dzvetero, agreed to exclude him as a witness. Justice Kwenda ordered Chimombe and Mpofu to cover Chivayo's legal costs and reprimanded their legal team for causing delays in the Constitutional Court application.
Justice Kwenda expressed frustration with the drawn-out proceedings, urging the defendants' lawyers to expedite the process. "You should take these proceedings seriously. We need to move on," he said, admonishing the delays that have prolonged the application.
The State alleges that Chimombe and Mpofu defrauded the Lands Ministry through their company, Blackdeck (Private) Limited. In September 2021, Blackdeck won a contract under a goat distribution scheme, worth approximately US$87.8 million, to supply 632,001 goats across Zimbabwe. Prosecutors claim that based on false representations, the ministry paid 30% of the contract value, amounting to ZWL1.6 billion (then equivalent to US$7.7 million), in two instalments in 2022. This payment allegedly resulted in a US$7.4 million financial loss to the ministry.
Chimombe and Mpofu contend that the case against them is politically motivated, asserting they have been denied bail multiple times. They argue the court's decision to livestream proceedings, allegedly made without their input, further infringes on their rights. Additionally, they pointed to Chivayo's lack of prosecution over alleged Zimbabwe Electoral Commission (ZEC) scandal connections, claiming it underscores selective enforcement.
As the case progresses, Chimombe and Mpofu are seeking Constitutional Court intervention, asserting that their prolonged detention and trial conditions violate their constitutional rights.
Chimombe and Mpofu, currently on trial, had requested Chivayo's testimony in their application to have the case referred to the Constitutional Court. Chivayo, represented by lawyer Silvester Hashiti, argued that he was unaware of the case's details and was given no explanation for the subpoena, amounting to an "ambush."
Hashiti further argued that Chimombe and Mpofu should bear the costs incurred by Chivayo in hiring legal representation. High Court judge Justice Pisirayi Kwenda ruled in favor of Chivayo after all parties, including attorneys Lovemore Madhuku, Ashiel Mugiya, and Tapson Dzvetero, agreed to exclude him as a witness. Justice Kwenda ordered Chimombe and Mpofu to cover Chivayo's legal costs and reprimanded their legal team for causing delays in the Constitutional Court application.
The State alleges that Chimombe and Mpofu defrauded the Lands Ministry through their company, Blackdeck (Private) Limited. In September 2021, Blackdeck won a contract under a goat distribution scheme, worth approximately US$87.8 million, to supply 632,001 goats across Zimbabwe. Prosecutors claim that based on false representations, the ministry paid 30% of the contract value, amounting to ZWL1.6 billion (then equivalent to US$7.7 million), in two instalments in 2022. This payment allegedly resulted in a US$7.4 million financial loss to the ministry.
Chimombe and Mpofu contend that the case against them is politically motivated, asserting they have been denied bail multiple times. They argue the court's decision to livestream proceedings, allegedly made without their input, further infringes on their rights. Additionally, they pointed to Chivayo's lack of prosecution over alleged Zimbabwe Electoral Commission (ZEC) scandal connections, claiming it underscores selective enforcement.
As the case progresses, Chimombe and Mpofu are seeking Constitutional Court intervention, asserting that their prolonged detention and trial conditions violate their constitutional rights.
Source - The Herald
