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Judge slams Chimombe, Mpofu for Chivayo 'slander'
The High Court has dismissed an application by businessmen Mike Chimombe and Moses Mpofu to refer their fraud case to the Constitutional Court, describing the move as "frivolous, vexatious, and malicious." The duo faces charges of forging documents from the Zimbabwe Revenue Authority (ZIMRA) and the National Social Security Authority (NSSA) to secure a deal under the Presidential Goat Scheme, allegedly pocketing over US$7 million.
Justice Pisirayi Kwenda dismissed the application, rejecting the defense's arguments as baseless. He criticized their attempt to involve controversial businessman Wicknell Chivayo, who is not a party to the case.
"The accused persons, although complaining about the Zimbabwe Electoral Commission (ZEC) tender, did not indicate whether they or Chivayo had been arrested for that matter. Their effort to involve Chivayo appears to be a malicious attempt to soil his reputation in unrelated proceedings," Kwenda said.
Kwenda further noted that claims by the defense, including allegations of "cherry-picked charges" targeting the accused, lacked evidence.
"The word ‘cherry-picked' is not a fact. It is merely a bold assertion that cannot form the basis of a constitutional matter," the judge added.
The application also challenged the participation of assessors over 70 years old, alleging they were likely to sleep during court proceedings. Justice Kwenda dismissed this argument as ageist and unsubstantiated.
"The claims by the defense are neither scientific nor based on any research," he said, emphasizing that such remarks were discriminatory and unfounded.
Chimombe and Mpofu were arrested in June for their role in the alleged goat supply scam. The Presidential Goat Scheme, meant to benefit rural communities, has been marred by corruption allegations, with this case being one of the most high-profile.
The defense, led by Lovemore Madhuku, argued that their clients were being unfairly targeted after leaked audios and videos purportedly implicated Chivayo in conversations about the ZEC tender and alleged bribery. However, Kwenda ruled that such claims were irrelevant to the current case.
With the application dismissed, the trial of Chimombe and Mpofu will proceed as scheduled. They remain in remand custody, and their trial is set to continue on February 10, 2025.
This decision underscores the judiciary's commitment to ensuring that constitutional challenges are grounded in substantive evidence, avoiding delays caused by unsubstantiated claims.
The High Court has dismissed an application by businessmen Mike Chimombe and Moses Mpofu to refer their fraud case to the Constitutional Court, describing the move as "frivolous, vexatious, and malicious." The duo faces charges of forging documents from the Zimbabwe Revenue Authority (ZIMRA) and the National Social Security Authority (NSSA) to secure a deal under the Presidential Goat Scheme, allegedly pocketing over US$7 million.
Justice Pisirayi Kwenda dismissed the application, rejecting the defense's arguments as baseless. He criticized their attempt to involve controversial businessman Wicknell Chivayo, who is not a party to the case.
"The accused persons, although complaining about the Zimbabwe Electoral Commission (ZEC) tender, did not indicate whether they or Chivayo had been arrested for that matter. Their effort to involve Chivayo appears to be a malicious attempt to soil his reputation in unrelated proceedings," Kwenda said.
Kwenda further noted that claims by the defense, including allegations of "cherry-picked charges" targeting the accused, lacked evidence.
"The word ‘cherry-picked' is not a fact. It is merely a bold assertion that cannot form the basis of a constitutional matter," the judge added.
The application also challenged the participation of assessors over 70 years old, alleging they were likely to sleep during court proceedings. Justice Kwenda dismissed this argument as ageist and unsubstantiated.
"The claims by the defense are neither scientific nor based on any research," he said, emphasizing that such remarks were discriminatory and unfounded.
Chimombe and Mpofu were arrested in June for their role in the alleged goat supply scam. The Presidential Goat Scheme, meant to benefit rural communities, has been marred by corruption allegations, with this case being one of the most high-profile.
The defense, led by Lovemore Madhuku, argued that their clients were being unfairly targeted after leaked audios and videos purportedly implicated Chivayo in conversations about the ZEC tender and alleged bribery. However, Kwenda ruled that such claims were irrelevant to the current case.
With the application dismissed, the trial of Chimombe and Mpofu will proceed as scheduled. They remain in remand custody, and their trial is set to continue on February 10, 2025.
This decision underscores the judiciary's commitment to ensuring that constitutional challenges are grounded in substantive evidence, avoiding delays caused by unsubstantiated claims.
Source - businesstimes
