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State demands conviction in Chimombe, Mpofu fraud trial
2 hrs ago |
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The State has urged the High Court to convict businessmen Moses Mpofu and Mike Chimombe, accused of masterminding a fraudulent tender scheme under the Presidential Goat Pass-on Programme, insisting that the evidence presented is "compelling and irrefutable."
The case, which centres on an US$87 million project aimed at uplifting rural livelihoods through goat distribution, has drawn public attention due to the alleged scale of corruption involved. Both the prosecution and defence submitted written arguments last week and are expected to deliver oral submissions today before Justice Pisirayi Kwenda, sitting with assessors Ms Margret Chitsiga and Mr Temba Kuwanda.
Prosecutors allege that Mpofu and Chimombe used Blackdeck Pvt Ltd, a company they claim was set up as a front, to fraudulently secure the lucrative government tender. According to the State, the accused forged ZIMRA tax clearance and NSSA compliance certificates — key documents required for eligibility.
Witnesses from both ZIMRA and NSSA confirmed that the certificates submitted by Blackdeck were counterfeit. The prosecution says the accused knowingly used these falsified documents to obtain an advance payment of RTGS $1.6 billion (US$7.7 million), purportedly for preparing 32,500 goats for delivery.
"The evidence is not speculative," prosecutors stated in their written submissions. "The accused acted with full knowledge and intent to defraud the Government."
The State described Mpofu as the mastermind, alleging that he served as Blackdeck's managing director and primary representative in all dealings with the Ministry, from application to contract negotiation.
However, the defence has rejected the allegations as "baseless" and "riddled with inconsistencies." Advocate Tapson Dzvetero, representing Mpofu, argued that the prosecution had failed to prove his client's involvement in any forgery or misrepresentation.
"The State has not demonstrated that Mpofu prepared, submitted, or was even aware of the forgeries. Blackdeck Pvt Ltd is a separate legal entity, and the tender documents were handled by its directors and staff, none of whom are on trial," he said.
Dzvetero identified Tichaona Chidembo and Hazvineyi Kabisira as the individuals who signed and submitted the bid documents on behalf of Blackdeck, adding that all payments were made to the company's accounts, not Mpofu's. "The State has not pierced the corporate veil to establish personal liability," he added.
Professor Lovemore Madhuku and Garikai Sithole, representing Chimombe and instructed by Mr Arshiel Mugiya, also distanced their client from Blackdeck's operations. They argued that Chimombe had no role in the tender application or submission process and only became involved after the contract was awarded.
"There is no evidence linking Chimombe to the preparation or submission of the tender documents," the defence argued. They further noted that Chimombe's own company, Millytake, had competed for the same tender — a fact they say contradicts claims of collusion with Mpofu.
Justice Kwenda is expected to hear oral arguments from both sides before reserving judgment in one of Zimbabwe's most closely watched corruption cases in recent years.
The case, which centres on an US$87 million project aimed at uplifting rural livelihoods through goat distribution, has drawn public attention due to the alleged scale of corruption involved. Both the prosecution and defence submitted written arguments last week and are expected to deliver oral submissions today before Justice Pisirayi Kwenda, sitting with assessors Ms Margret Chitsiga and Mr Temba Kuwanda.
Prosecutors allege that Mpofu and Chimombe used Blackdeck Pvt Ltd, a company they claim was set up as a front, to fraudulently secure the lucrative government tender. According to the State, the accused forged ZIMRA tax clearance and NSSA compliance certificates — key documents required for eligibility.
Witnesses from both ZIMRA and NSSA confirmed that the certificates submitted by Blackdeck were counterfeit. The prosecution says the accused knowingly used these falsified documents to obtain an advance payment of RTGS $1.6 billion (US$7.7 million), purportedly for preparing 32,500 goats for delivery.
"The evidence is not speculative," prosecutors stated in their written submissions. "The accused acted with full knowledge and intent to defraud the Government."
The State described Mpofu as the mastermind, alleging that he served as Blackdeck's managing director and primary representative in all dealings with the Ministry, from application to contract negotiation.
However, the defence has rejected the allegations as "baseless" and "riddled with inconsistencies." Advocate Tapson Dzvetero, representing Mpofu, argued that the prosecution had failed to prove his client's involvement in any forgery or misrepresentation.
"The State has not demonstrated that Mpofu prepared, submitted, or was even aware of the forgeries. Blackdeck Pvt Ltd is a separate legal entity, and the tender documents were handled by its directors and staff, none of whom are on trial," he said.
Dzvetero identified Tichaona Chidembo and Hazvineyi Kabisira as the individuals who signed and submitted the bid documents on behalf of Blackdeck, adding that all payments were made to the company's accounts, not Mpofu's. "The State has not pierced the corporate veil to establish personal liability," he added.
Professor Lovemore Madhuku and Garikai Sithole, representing Chimombe and instructed by Mr Arshiel Mugiya, also distanced their client from Blackdeck's operations. They argued that Chimombe had no role in the tender application or submission process and only became involved after the contract was awarded.
"There is no evidence linking Chimombe to the preparation or submission of the tender documents," the defence argued. They further noted that Chimombe's own company, Millytake, had competed for the same tender — a fact they say contradicts claims of collusion with Mpofu.
Justice Kwenda is expected to hear oral arguments from both sides before reserving judgment in one of Zimbabwe's most closely watched corruption cases in recent years.
Source - The Herald
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