Harare – The Presidential Goat Scheme, a government initiative aimed at empowering rural communities, has taken a dramatic turn, with two businessmen, Mike Chimombe – a lawyer by profession and Moses Mpofu – an IT expert, facing allegations of fraud involving a staggering US$7 million. The duo, who were denied bail by a Harare magistrate last week, are now seeking intervention from the High Court, hoping to overturn the lower court’s decision and secure their freedom pending trial.
The allegations against Chimombe and Mpofu stem from their involvement with Blackdeck (Pvt) Ltd, a company that secured a lucrative tender to supply goats under the Presidential Goat Scheme. The State alleges that the duo forged documents to win the tender, including a fraudulent tax clearance certificate and a falsified NSSA compliance certificate.
“Prosecutor Mr Anesu Chirenje alleged that Mpofu and Chimombe forged documents to win the tender for supplying goats under the Presidential Goat Scheme,” reads the report from the Herald. “According to investigations, their company Blackdeck (Pvt) Ltd did not have a valid tax clearance, and that the QR code and the reference on the NSSA compliance certificate were issued to a different company. Blackdeck was de-registered from the NSSA system in January 2016.”
The court heard that despite the alleged fraudulent documentation, the Ministry of Lands, Agriculture, Fisheries, Water and Rural Development signed a contract with Blackdeck on November 16, 2021, for the supply and delivery of 632 001 goats valued at US$87,7 million. Between April and June 2022, the Ministry transferred a total of Z$1.6 billion, the equivalent of US$7 712 197, into Blackdeck’s bank account.
However, the scheme unravelled when Chimombe and Mpofu delivered only 4 208 goats, valued at US$331 445, before allegedly converting the remaining US$7 380 751 to their personal use. The contract was subsequently cancelled on August 29, 2022.
The magistrate, Mrs Marehwanazvo Gofa, denied bail to Chimombe and Mpofu, finding that the State had presented compelling evidence suggesting that they were not suitable candidates for bail. The magistrate cited several reasons for her decision, including the duo’s alleged use of forged documents, their lack of a plausible defence, and their potential to interfere with State witnesses.
But in her bail ruling last week, Mrs Gofa said two were supposed to offer a meaningful defence as to why they are denying the charges against them, noting that they did not have a plausible defence.
Chimombe argued that all documents submitted for bidding were authentic and that their contract was still valid, but he failed to provide documentary evidence to support his claim. Mpofu, on the other hand, maintained that he was attending meetings at the Ministry of Lands, Agriculture, Fisheries, Water and Rural Development as the leader of the Economic Empowerment Group, not as part of Blackdeck (Pvt) Ltd. However, he also failed to provide any documentation to substantiate his claim.
The magistrate also pointed to the duo’s potential to interfere with State witnesses, citing a presser they shared on social media while investigations by the Zimbabwe Anti-Corruption Commission were pending. Furthermore, the court ruled that Chimombe and Mpofu posed a flight risk.
Undeterred by the magistrate’s decision, Chimombe and Mpofu, represented by lawyers Mr Tapson Dzvetero and Ashley Mugiya, have taken their case to the High Court, arguing that the magistrate misdirected herself in her bail ruling. They maintain that bail is a constitutional right and that there are no compelling reasons to deny them their freedom pending trial.
Aggrieved by the remand court decision, the two, through lawyers Mr Tapson Dzvetero and Ashley Mugiya, have exercised their right to appeal to the High Court to intervene and overturn the lower court’s decision, arguing misdirection on the part of the magistrate.
The High Court is now tasked with reviewing the magistrate’s decision and determining whether the grounds for denying bail were justified.
