The battle for freedom continues for Zanu PF central committee member Mike Chimombe and his business partner Moses Mpofu, who are facing charges of fraud related to a US$9.2 million streetlights tender from Harare City Council.
Despite their initial attempts to secure bail through the High Court being rejected, the duo has returned to the magistrates’ court with a fresh application.
The High Court, in a swift dismissal of their bail application, ordered them to first exhaust their options at the lower court before approaching them again. This came after another judge, Pisirayi Kwenda, dismissed their appeal in a separate case involving a US$7 million goat supply scheme fraud.
Now back in the magistrates’ court, Chimombe and Mpofu are fighting tooth and nail to secure their release. Their lawyers argue that the state’s case is weak and that they are being unfairly targeted. They maintain that the company which won the tender, Juluka Projects Limited, should be the ones facing charges, not them.
“It is applicants’ defence that a re-tender is the same tender and an applicant can use the same receipt,” their lawyers argued.
“In any case, there are no misrepresentations because that receipt contained the same representations of the date on when the amount was paid, the amount paid, to whom it was paid and in respect of which the tender was paid. Applicants did not state in their representations that it was now a new receipt. Thus, their representations were true.”
The lawyers further asserted that Chimombe and Mpofu consulted with City of Harare officials regarding their documents, and these documents were approved. They also dismissed allegations that the duo received a US$260,000 payment, stating that they only received US$206,146.13 for work already undertaken.
“The state does not allege that which of the applicants received money personally, if at all, after the alleged commission of the offence, which clearly shows a characteristic of victimisation which ought to be frowned upon by the courts as the courts cannot be used as a conduit to abuse the criminal justice system,” their lawyers argued.
“Such frowning can be achieved by admitting the applicants to bail since there is no iota of the state case that can stand the test of time, put differently, the state case is manifestly doomed to fail.”
Chimombe, however, went a step further, accusing unnamed powerful figures within Zanu PF of orchestrating his downfall. He claims that he is being targeted for political reasons, and that his continued denial of bail is a testament to the influence these individuals wield.
“I am being victimised by people with a political agenda,” Chimombe told the court.
“I am not associated with Juluka Projects and Plant Hire (Pvt) Ltd in any way. I am not a member, employee, director or a shareholder of Juluka Projects (Pvt) Limited. In any event, Juluka Projects (Pvt) Limited is not even charged with any criminal allegations.”
Chimombe’s lawyer, Arshiel Mugiya, echoed these sentiments, stating that the US$206,146.13 in question was not received by Chimombe but was a payment made by the City of Harare for services rendered by Mpofu’s company.
“This was not an advance payment. It was an invoiced amount because Mpofu’s company had already done the work,” Mugiya said.
Mpofu, for his part, also denied any wrongdoing, claiming that he was merely a director of the company that won the tender and was not directly involved in the tender process.
“He is charged in his personal capacity when in actual fact, a company called Juluka Projects (Pvt) Limited, which is a separate legal entity, was the one which was awarded the tender by the City of Harare. He was not the direct contact person who handled tenders on behalf of Juluka Projects (Pvt) Limited,” Mugiya said.
Mpofu further denied submitting a bid document containing false statements as alleged.
The magistrate, Marehwanazvo Gofa, has remanded the matter to next Tuesday for a ruling on the bail application. The state, represented by Anesu Chirenje, has been given until then to file a written response.
The case of Chimombe and Mpofu has become a hot topic in Zimbabwean politics, with many speculating about the true motivations behind their arrest and the relentless pursuit of their incarceration.
The fact that both men are prominent figures within Zanu PF has added fuel to the fire, with whispers of internal power struggles and political vendettas swirling around the case.
