Chimombe, Mpofu sentencing postponed

 The State has launched proceedings to confiscate properties belonging to convicted businessmen Mike Chimombe and Moses Mpofu, deepening their legal troubles following their conviction in a US$7 million goat tender fraud case.

Prosecutors have invoked Section 50(1) of the Money Laundering and Proceeds of Crime Act [Chapter 9:24], which empowers the State to trace, seize, and confiscate any assets suspected to have been acquired through criminal activity.

Prosecutor Whispher Mabhaudhi told the court on Friday that the confiscation application is ready but will be filed once the written judgment has been uploaded. "We had given notice in terms of Section 50(1) of the Money Laundering Act. Once the judgment is uploaded, the State will file its application," he said.

Justice Pisirayi Kwenda, who convicted the two, said the separate written judgments will be available by Wednesday, paving the way for the State's application. The court has set November 14 for pre-sentencing proceedings, with sentencing expected on November 17.

Chimombe and Mpofu, who have been in remand prison for over a year, face a possible minimum 20-year jail term.

The pair was found guilty of defrauding the government through their company, Blackdeck Private Limited, which submitted false documents in September 2021 to win a tender to supply 632,001 goats worth US$87 million under the Ministry of Lands and Agriculture's national livestock pass-on scheme.

After winning the tender, the contract was irregularly signed by another entity, Blackdeck Livestock and Poultry Farming, which was not legally registered. Mpofu signed the contract on behalf of the company while Chimombe acted as a witness.

Investigations later exposed that Blackdeck Private Limited did not possess a valid tax clearance certificate from the Zimbabwe Revenue Authority (ZIMRA), and that the QR code on its NSSA compliance certificate actually belonged to another company, Skywalk Investments.

Relying on these falsified documents, the Ministry paid ZWL$1.6 billion (then US$7.7 million) in two instalments on April 21 and June 29, 2022.

However, the company failed to deliver the promised livestock. It falsely claimed to have mobilised 32,500 goats across the provinces, but a government verification exercise found only 3,713 goats in existence.

"After the Ministry of Lands realised that they were being deceived by the accused persons, they cancelled the contract on August 29, 2022," the National Prosecuting Authority of Zimbabwe (NPAZ) said in a statement.

To date, only 4,208 goats worth US$331,445.25 have been delivered, leaving the government prejudiced of US$7,380,751.85.

If granted, the State's confiscation order could see Chimombe and Mpofu lose several properties suspected to have been purchased using proceeds from the fraudulent deal - marking one of Zimbabwe's most high-profile asset forfeiture cases in recent years.