Business partners Moses Mpofu and Mike Chimombe face a potential 20-year jail sentence if convicted on charges of defrauding the Zimbabwean government of US$7 million, High Court judge Pisirayi Kwenda has ruled.
This significant development follows the judge’s dismissal of their bail application, leaving the two men to continue languishing in jail since their arrest last June.
“Regarding the seriousness of the offence, I have looked at the penalty and the presumptive penalty for fraud is 20 years,” Judge Kwenda stated. “If a fraud involves public funds and involves a huge prejudice, the sentence will be severe. I’m persuaded that the presumptive sentence knowledge of the penalty remains, and is likely to influence the applicants to flee.”
The judge emphasised the importance of considering the presumptive sentence when assessing bail applications.
“It must consider that sentence first, it can go down, it can go up, it can go down. These sentencing guidelines have to be followed. Where the item, funds, or property is of high value or state funds, this will be aggravating factors. If the fraud is committed by an offender who is a holder of a public office, it is an aggravating factor and the court should start from there. If it involves public funds, it is an aggravating factor and the court should start from there,” he explained before dismissing the application.
Judge Kwenda also criticised the legal representation of Mpofu and Chimombe, highlighting unnecessary delays in the proceedings. He noted that bail applications should be straightforward and efficient, typically taking no more than 30 minutes.
“A bail application is expected to be simple and unemotional presentations of facts supporting one’s entitlement to bail,” he said.
“My analysis of facts and submissions before me are as follows; bail matters should be simple. However, as a profession, we tend to be so obsessed and end up unwittingly infringing upon the matter that will be before a court. A lot of time was lost while parties tussled over what type of an application was before me. I’m just saying this to show that we delayed this case for no reason,” he added.
The lengthy hearing, spanning two days, contrasted sharply with the judge’s usual workload of handling approximately 20 bail applications daily. This extended process, according to the judge, was a result of unnecessary complexities introduced during the bail application hearings.
Professor Lovemore Madhuku, representing Chimombe, expressed dissatisfaction with the ruling and indicated their intention to appeal to the Supreme Court once the full judgement is received. The case highlights the seriousness with which the Zimbabwean judicial system views fraud involving public funds and the potential for significant penalties for those found guilty.
The lengthy jail term and the judge’s criticism of the legal proceedings underscore the gravity of the allegations against Mpofu and Chimombe, and the challenges they face in securing bail. The appeal to the Supreme Court suggests that this case is far from over and will likely continue to unfold in the coming months.
