Tribal ruling as Mpofu jailed 22 years, Chimombe 17 years

Businessmen Moses Mpofu and Mike Chimombe were on Friday sentenced to lengthy prison terms after the High Court found them guilty of defrauding the government of more than US$7 million in a botched goat procurement project.

Mpofu was sentenced to 22 years in prison, with three years suspended for good behaviour and a further four years suspended on condition he restitutes the State. He will serve an effective 15 years. Chimombe was handed 17 years, with three years suspended for good behaviour and two years on condition of restitution, leaving him to serve an effective 12 years.

The sentence was delivered by Justice Pisirayi Kwenda, who last month convicted the pair after a protracted trial in which both men maintained their innocence. The judge ruled that Mpofu and Chimombe acted jointly and dismissed claims by Chimombe that he played a lesser role in the fraudulent scheme.

Justice Kwenda criticised the pair for failing to account for the funds they received for the goat project, noting that no supporting documents or credible explanations were provided to show how the money was utilised. He said the men acted in self-interest and intentionally misled government officials using a fictitious company.

"The inference we draw is that he was intending to advance his personal interests," Kwenda said in reference to Chimombe, adding that both men were criminally liable.

The court heard that Treasury had already disbursed ZW$1.6 billion - approximately US$7.7 million - out of a potential US$26 million exposure. None of the money has been recovered, and no voluntary reimbursement had been made.

Kwenda said the fraud was committed under aggravating circumstances, involving public funds and a breach of trust. He stressed the need to maintain public confidence in the justice system, warning that a lenient sentence would trivialise corruption and undermine deterrence.

"When there are aggravating circumstances, the law provides for a presumptive penalty of 20 years," the judge stated.

Mpofu was deemed more culpable, with Kwenda noting that although he apologised to President Emmerson Mnangagwa and the nation, his role in the offence and the lack of accountability outweighed mitigating factors.

Chimombe's defence pointed to his background, chronic illness, lack of previous convictions and the fact that he surrendered to the Zimbabwe Anti-Corruption Commission (ZACC). The judge accepted some of these arguments but rejected claims that he was a minor participant or that ministry officials were responsible for the collapse of the project.

"He was clearly in charge. His involvement was aggravatory," Kwenda ruled.

The court concluded that only differences in their personal circumstances justified the variation in sentencing. Both men are now expected to begin serving their jail terms, unless restitution conditions are met in line with the ruling.