News / National
Chimombe and Mpofu to spend Xmas in jail?
10 Dec 2024 at 12:54hrs | Views
Businessmen Mike Chimombe and Moses Mpofu are now pursuing bail pending trial after High Court Judge Justice Pisirayi Kwenda dismissed their application for referral to the Constitutional Court. Without bail, the duo faces the possibility of spending Christmas behind bars.
Chimombe and Mpofu had raised 14 constitutional arguments, which Justice Kwenda dismissed as "frivolous and vexatious," stating that they failed to exhaust available legal remedies at the magistrate and High Court levels before seeking referral to the Constitutional Court.
Justice Kwenda emphasized the importance of addressing alleged rights violations promptly and using appropriate legal channels.
"Timing at every stage is very important, and whenever a litigant feels their rights have been infringed upon, they should seek referral to the Constitution immediately," the judge said.
He criticized the duo for not raising constitutional concerns when denied bail at the magistrates' court. He also addressed concerns about the age of assessors appointed to the case, ruling that their advanced age (above 70) does not imply mental incapacity.
Regarding allegations of interference by the Zimbabwe Anti-Corruption Commission (ZACC) chairperson Michael Reza, Justice Kwenda noted that the Prosecutor-General (PG) has the right to withdraw or revise consent for bail at any stage.
The judge ultimately dismissed their application for referral and directed the duo to address bail issues within the High Court framework.
Chimombe and Mpofu are accused of defrauding the government of US$7.7 million through the forgery of tax and compliance certificates under the company Blackdeck (Pvt) Ltd.
The fraudulent documents were reportedly submitted to the Lands Ministry as part of a tender for the Presidential Goat Pass-on Scheme. Although they received significant payments, the State alleges they failed to deliver the promised number of goats, resulting in their arrest in July 2024.
Both have pleaded not guilty. Mpofu is represented by Advocate Garikayi Sithole, with instructions from Tapson Dzvetero, while Chimombe is represented by Lovemore Madhuku and Arshiel Mugiya.
Chimombe and Mpofu are set to apply for bail today, with the State expected to respond before Justice Kwenda determines their fate. If bail is denied, they will remain in remand prison until their trial, which is scheduled to begin on February 10, 2025.
The trial will proceed on a continuous roll, with both sides gearing up for what promises to be a high-profile legal battle.
Chimombe and Mpofu had raised 14 constitutional arguments, which Justice Kwenda dismissed as "frivolous and vexatious," stating that they failed to exhaust available legal remedies at the magistrate and High Court levels before seeking referral to the Constitutional Court.
Justice Kwenda emphasized the importance of addressing alleged rights violations promptly and using appropriate legal channels.
"Timing at every stage is very important, and whenever a litigant feels their rights have been infringed upon, they should seek referral to the Constitution immediately," the judge said.
He criticized the duo for not raising constitutional concerns when denied bail at the magistrates' court. He also addressed concerns about the age of assessors appointed to the case, ruling that their advanced age (above 70) does not imply mental incapacity.
Regarding allegations of interference by the Zimbabwe Anti-Corruption Commission (ZACC) chairperson Michael Reza, Justice Kwenda noted that the Prosecutor-General (PG) has the right to withdraw or revise consent for bail at any stage.
Chimombe and Mpofu are accused of defrauding the government of US$7.7 million through the forgery of tax and compliance certificates under the company Blackdeck (Pvt) Ltd.
The fraudulent documents were reportedly submitted to the Lands Ministry as part of a tender for the Presidential Goat Pass-on Scheme. Although they received significant payments, the State alleges they failed to deliver the promised number of goats, resulting in their arrest in July 2024.
Both have pleaded not guilty. Mpofu is represented by Advocate Garikayi Sithole, with instructions from Tapson Dzvetero, while Chimombe is represented by Lovemore Madhuku and Arshiel Mugiya.
Chimombe and Mpofu are set to apply for bail today, with the State expected to respond before Justice Kwenda determines their fate. If bail is denied, they will remain in remand prison until their trial, which is scheduled to begin on February 10, 2025.
The trial will proceed on a continuous roll, with both sides gearing up for what promises to be a high-profile legal battle.
Source - hmetro
