Two incarcerated business partners, Moses Mpofu and Mike Chimombe, have accused unnamed government officials of receiving the lion’s share of funds from a US$40 million tender awarded to ex-con tenderpreneur Wicknell Chivayo for the supply of election materials.
Testifying before High Court judge Justice Pisirayi Kwenda, the duo claimed they are victims of selective prosecution, alleging their arrest on unrelated charges is a direct consequence of exposing corruption within the Zimbabwe Electoral Commission (ZEC).
Mpofu and Chimombe were arrested in June and charged with defrauding the government in the Presidential Goat Scheme. However, they maintain their prosecution is a retaliatory measure for exposing the alleged ZEC tender irregularities. They claim their involvement in the US$40 million tender for ballot papers in the 2023 harmonised elections soured when disagreements arose over the distribution of funds.
During their application for referral to the Constitutional Court, the pair detailed their collaboration with Chivayo and a South African company, Ren-Form CC, on the tender. They explained that they were in China when audio recordings exposing the alleged corruption went viral, leading to summons from the Zimbabwe Anti-Corruption Commission (ZACC).
“We were in China when the audio went viral before it was reported that we were being summoned by the Zimbabwe anti-corruption Commission (ZACC),” Chimombe explained.
They expressed surprise and disappointment at ZACC’s actions. They expected questioning regarding the ZEC tender but instead faced charges related to the Presidential Goat Scheme.
Chimombe stated, “We thought we would discuss the ZEC issue but we were charged over the issue of goats. We have never been interviewed about the ZEC issue and that is why I am saying there is selective prosecution.”
Mpofu corroborated Chimombe’s testimony, stating that Chivayo had informed them that a significant portion of the tender funds would be directed to “his people in government,” leaving them with an unfair share.
He further revealed that he had attempted to bring the ZEC issue to the attention of the investigating officer, Henry Chapwanya, but was told that matter fell outside his remit. “I actually asked their investigating officer Henry Chapwanya about the ZEC issue because he was asking us about goats and he said that case was not under his purview,” Mpofu said.
The duo also levelled accusations of interference against ZACC chairperson Michael Reza, claiming his actions led to their denial of bail despite initial consent. Mpofu recounted seeing Reza in the courtroom before their initial appearance and described the subsequent denial of bail as a suspicious coincidence.
“The coincidence does not sit well with me. He came and our bail was denied,” Mpofu stated.
He further alleged that Reza intervened with the National Prosecuting Authority (NPA), overturning the pre-court bail consent.
“When Reza came to the magistrates court he went to the National Prosecuting Authority (NPA) offices where he met the deputy director and told her that he was against the bail consent which was issued before court sitting. Our lawyers told us that they gave one of the consent forms to Reza and remained with one to use it as proof of his direct interference in this case,” Mpofu added.
The State, represented by Witness Mabhaudhi, countered that the prosecutor general has the authority to alter bail considerations. The case remains ongoing, with the accusations of government involvement in the ZEC tender scandal and allegations of selective prosecution adding significant weight to the proceedings.
