Currently incarcerated, they argue their chances of a fair trial are severely compromised, citing the seemingly preferential treatment afforded to controversial businessman Wicknell Chivayo, despite similar allegations of impropriety.
Chimombe and Mpofu are facing charges of duping the state of millions of Zimbabwean dollars in connection with the goat scheme, a project aimed at distributing goats nationally. Prosecutors allege that their company, Blackdeck Private Limited, submitted tender documents in September 2021, containing misrepresentations that led to the Ministry of Lands paying 30% of the contract value – a staggering ZWL1.6 billion (allegedly equivalent to US$7 712 197 at the time) in two instalments on April 21, 2022, and June 29, 2022. The court has calculated the alleged prejudice to the ministry at US$7 380 751.85. The Lands ministry invited bids for the supply of 632,001 goats under a scheme worth US$87 757 168.
However, Chimombe and Mpofu contend that the goat scheme charges are a smokescreen, designed to deflect attention from their earlier exposure of alleged corruption involving Wicknell Chivayo and the Zimbabwe Electoral Commission (ZEC). They claim they were wrongly accused of leaking ZEC tender documents and audios of Chivayo boasting about bribing government officials. They find it perplexing that Chivayo remains untouched while they face prosecution, suggesting a politically motivated campaign against them.
Through their lawyers, Chimombe and Mpofu submitted evidence before High Court Judge Justice Pisirayi Kwenda, seeking referral of their case to the Constitutional Court. Their application highlights several alleged violations of their rights. They claim they have been repeatedly denied bail, despite this being a fundamental right. Furthermore, they accuse Justice Kwenda of unilaterally granting an application to livestream the trial proceedings without their input or the state’s consent.
Their submission detailed the judge’s actions: “On the third day of the hearing, the learned judge it’s not clear whether in the presence of assessors or not indicated that the court had commenced late because he was entertaining in chambers an application to have the trial proceedings livestreamed,” they stated.
“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. It is further not clear who the applicants were. It is not clear who were the parties to that application as the accused persons were not cited nor served with a copy of such application.”
The businessmen argue that the decision to livestream the proceedings, without their participation or that of the state, constitutes a further violation of their rights. They believe this lack of due process is a clear indication of bias and undermines their ability to receive a fair trial. Their application to the Constitutional Court seeks a determination on whether their continued detention violates their rights as accused persons.
They are also requesting Justice Kwenda to grant a stay of proceedings pending the Constitutional Court’s decision. The case raises serious questions about the fairness of the judicial process and the potential for political interference in legal matters. The outcome will have significant implications for the perception of justice and transparency within Zimbabwe’s legal system.
