The men, currently languishing in pre-trial detention, have filed an application with the High Court to have their case referred to the Constitutional Court, citing numerous irregularities and concerns about the fairness of their trial.
The application highlights a series of events that have fuelled their suspicions. Initially, they were denied bail despite cooperating fully with authorities and attending their first court appearance from their homes – a situation where bail issues typically do not arise. Their subsequent bail application was dismissed by the High Court, which cited their indictment as precluding any bail application until the trial commenced.
Adding to their concerns is the High Court judge’s decision to allow the state-owned ZTN to livestream their trial without their knowledge or the involvement of the state. Their legal team states: “On the third day of the hearing, the learned judge (it’s not clear whether in the presence of assessors or not) indicated that court had commenced late because he was entertaining in chambers an application to have the trial proceedings livestreamed. The learned judge advised that he had granted the application for the media to livestream the proceedings in chambers. This alleged application was entertained in the absence of the accused persons and to the exclusion of the state.”
This incident, coupled with other perceived irregularities, has led Chimombe and Mpofu to suspect the involvement of a “third hand” manipulating their prosecution. They believe their legal battles are being unduly influenced by unseen forces.
The opening day of the trial was already fraught with tension. Mpofu’s lawyer, Tapson Dzvetero, faced the judge’s ire for attempting to amend his client’s defence outline at the last minute. The attempt to introduce constitutional arguments and other issues that emerged just before the trial began prompted several warnings from the judge regarding his control over the proceedings.
Mpofu, through his lawyer, has vehemently denied all charges. A central plank of his defence is a challenge to the Magistrates Court’s decision regarding his bail and detention, arguing a violation of his constitutional rights. He argues that the charges, related to failing to supply goats as per a contract with the Ministry of Lands, Agriculture, Water, Fisheries and Rural Development, constitute unlawful imprisonment for breach of contract, a violation of section 49 (2) of the Constitution.
At the heart of Mpofu’s defence lies the assertion that his prosecution is retaliation for leaking audio recordings of controversial businessman Wicknell Chivayo. These recordings allegedly implicate President Emmerson Mnangagwa in questionable dealings, including the alleged payment of millions for the printing and delivery of last year’s election materials. Mpofu explicitly denies making any misrepresentations to the ministry.
The application to the Constitutional Court seeks clarification on several crucial points. These include the composition of the trial bench and allegations of selective prosecution. Mpofu’s legal team wants the Constitutional Court to determine whether his prosecution is indeed selective and punitive, a violation of his right to equal protection under the law (section 56 (1) of the Constitution).
