Chimombe, Mpofu ruling next week

Business partners Moses Mpofu and Mike Chimombe, accused of defrauding the government under the Presidential Goats Pass-on Scheme, are awaiting a High Court ruling next Wednesday on whether the prosecution has presented a case strong enough for them to answer in their defence.

The case revolves around allegations that Mpofu and Chimombe, acting through Blackdeck Pvt Ltd, manipulated the tender process for the $87 million initiative, designed to empower rural communities by supplying livestock to improve livelihoods and food security.

Prosecutors allege that the duo secured the contract through misrepresentation, submitting fraudulent documents, including forged ZIMRA and NSSA certificates, to create the appearance of eligibility.

Speaking during closing arguments, State representative Whisper Mabhaudi argued that the evidence was clear and conclusive, accusing the pair of using Blackdeck to defraud the government and divert public funds.

"The totality of the evidence proves the case beyond any reasonable doubt," Mabhaudi asserted, dismissing defence arguments as unsubstantiated.

In response, the defence challenged the prosecution's claims, arguing there was no actus reus (action) or mens rea (intent) on the part of the accused.

Advocate Tapson Dzvetero, representing Mpofu, emphasised that the tender was submitted by Blackdeck, not Mpofu personally, and that Ministry officials dealt directly with the company rather than any trade names.

"The State failed to lead any witness who could directly link the accused to the alleged misrepresentation," Adv Dzvetero said, highlighting inconsistencies in the testimonies of State witnesses.

For Chimombe, Professor Lovemore Madhuku argued that the State had not proven the essential elements of fraud under Section 136 of the Criminal Law (Codification and Reform) Act, noting that circumstantial evidence must exclude every reasonable alternative inference to be valid.

"The State's case collapses because there is no evidence linking my client to the alleged misrepresentation," Prof Madhuku concluded, stressing that Chimombe's company, Millytake, was merely a subcontractor engaged after Blackdeck secured the tender.

Both defence teams pressed the High Court to acquit the accused, asserting that the prosecution's case lacked a firm evidentiary foundation.

The High Court will now determine whether Mpofu and Chimombe must face trial or if the allegations, as the defence contends, are based on conjecture rather than proof.