Chimombe, Mpofu Hearing Deferred To November 11
Lawyers representing businessmen Moses Mpofu and Mike Chimombe, accused of US$7 million fraud related to a goat supply contract with the government, intend to call four witnesses to support their request to refer constitutional questions to the Constitutional Court regarding alleged infringements of their rights, reported The Herald.
The defence intends to call Michael Reza, the Chairman of the Zimbabwe Anti-Corruption Commission, accused of interfering with the right to bail, Henry Chapwanya, the Investigating officer, Tendayi Shonhai, the Acting chief public prosecutor, and Wicknell Chivayo.
The State does not oppose the defence’s move to call these witnesses, as some are State witnesses who are available.
The defence seeks to resolve constitutional issues before the trial begins, with the High Court starting hearings on the application.
On Tuesday, 29 October, High Court judge Justice Pisirayi Kwenda adjourned the case to November 11 for the defence to prepare summaries of the expected testimony from each witness, as per court rules.
Mpofu and Chimombe testified about Reza’s alleged interference with their bail, claiming that after the prosecution consented to bail, Reza’s actions led to the revocation of that consent.
The State had required them to provide title deeds, surrender passports, and pay US$1,000 bail each.
Under cross-examination, the duo struggled to explain how Chivayo was linked to the goat fraud case, conceding he had no direct connection but attempted to associate him with a different tender unrelated to the Presidential Goats Pass-on Scheme.
Mpofu and Chimombe face fraud charges for allegedly defrauding the government of over US$7 million through a fraudulent tender issued by the Ministry of Lands, Agriculture, Fisheries, Water and Rural Development.
Their lawyers argue that external forces are influencing the prosecution, and the charges constitute unlawful imprisonment related to unmet contractual obligations.
Justice Kwenda will address the constitutional issues raised, which will determine whether the trial proceeds or is referred to the Constitutional Court.
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