Business partners Mike Chimombe and Moses Mpofu have once again been denied bail, with the High Court dismissing their appeal for the second time.
The duo, accused of defrauding the state of US$7 million in a botched presidential goat supply scheme, an initiative launched by President Emmerson Mnangagwa, will now face trial, a development that has dealt a significant blow to their hopes of freedom.
The High Court Judge, Pisirayi Kwenda, ruled on Wednesday that the bail appeal was moot, meaning it had been overtaken by events. The trial date in their case has already been set, rendering the bail application irrelevant.
“The objection by the State to the hearing of this appeal based on mootness is upheld and the appeal is dismissed,” ruled Kwenda.
The prosecution argued that the trial, scheduled to begin on October 1st, is only 33 days away, making it unnecessary to delay the proceedings further with a bail appeal.
“If you are already appearing in a certain court, that court is supposed to deal with that matter,” Kwenda stated during the hearing, highlighting the unusual nature of the case.
“You cannot be appearing in Court A and you go to Court B to apply for bail when that same matter is being heard in court.”
The allegations against Chimombe and Mpofu stem from their involvement with Blackdeck Private Limited, the company awarded the tender by the Agriculture and Lands ministry to supply goats under the presidential goat pass-on scheme.
The State alleges that Blackdeck, owned by Chimombe and Mpofu, forged a Zimbabwe Revenue Authority (Zimra) tax clearance certificate and a National Social Security Authority (Nssa) compliance certificate to secure the tender. Investigations revealed that the QR code and reference on the Nssa compliance certificate were issued to a different company, and Blackdeck had been deregistered from the Nssa system in January 2016.
Furthermore, the Zimra tax clearance certificate presented by Blackdeck was also found to be forged, with the QR code belonging to another company.
The ministry, believing that Blackdeck was in full compliance with Zimra and Nssa requirements, awarded the contract and transferred a total of ZWL$1.6 billion (equivalent to US$7,712,197.10) into Blackdeck’s bank account for the purchase of goats.
Despite receiving the funds, Chimombe and Mpofu allegedly delayed the supply of goats, only managing to deliver a total of 4,208 goats, valued at US$331,445.25. The remaining US$7,380,751.85, according to the State, was allegedly converted for their personal use.
This latest setback in their bail appeal marks a significant hurdle for Chimombe and Mpofu. With the trial date looming, they will now have to face the charges against them in court.
