NPA goes soft on Chimombe, Mpofu properties

The National Prosecuting Authority (NPA) has withdrawn its notice to apply for the forfeiture of properties belonging to convicted businessmen Mike Chimombe and Moses Mpofu, who are awaiting sentencing following their conviction for US$7 million fraud.

In a notice published yesterday, the NPA confirmed it would no longer pursue the forfeiture application and would instead proceed with the pre-sentencing process.

"Take notice that the National Prosecuting Authority is withdrawing the notice given on the 31st of October 2025 to make an application for forfeiture as provided for in section 50(1) as read with section 39(4) of the Money Laundering and Proceeds of Crime Act [Chapter 9:24]," the statement read.

The authority added that the State will proceed with pre-sentencing procedures on November 14, 2025, as provided for under Statutory Instrument 146 of 2023, and that it had already filed its address in aggravation.

The statement was signed by prosecutor Whisper Mabhaudzi.

Chimombe and Mpofu, who were arrested in June last year, have been in custody for over a year following their conviction on fraud charges involving US$7 million. The duo were found guilty of misrepresenting facts in a deal linked to a government project.

Delivering judgment, Justice Kwenda ruled that Mpofu had effectively incriminated himself through his own testimony.

"Mpofu shot himself in the foot. He said all he did was in his capacity as a director and that he was directed to do so. So there was no further proof needed by the State," said Justice Kwenda.

The judge further noted that Mpofu's failure to call witnesses undermined his defence.

"He knew these witnesses were important as he was being charged in his personal capacity. His decision not to call them was his own, except that one witness had died, which was not verified by production of evidence," he said.

Justice Kwenda dismissed Mpofu's explanation that he changed his defence strategy midway through the trial, calling it "lame" and inconsistent.

Turning to Chimombe, the judge said his denial of involvement was not convincing, particularly in light of witness testimonies.

"We were faced with a situation where we had a threatened case against his denial. We must resolve that factual dispute by reference to the testimony of witnesses," Justice Kwenda said.
"The witnesses John Basera and Nhundurwa said they would attend meetings together. We therefore found that he participated. We did not find his explanation convincing."

With the forfeiture process now abandoned, focus shifts to the sentencing phase, where the court will determine the penalties to be imposed on the two businessmen.