Mike Chimombe
and Moses Mpofu, whose names are now as familiar as their faces after a trial
which played out live on television, are expected back in court today for
sentencing after completing all pre-sentencing inquiries on Friday.
The two were
convicted after a full trial by Justice Pisirayi Kwenda.
Prosecutor
Whisper Mabhaudhi has urged the court to impose a stiff custodial sentence of
up to 35 years because the scale of the US$7m fraud was unprecedented and
disadvantaged vulnerable communities.
“They stole
from the poorest of the poor,” Mabhaudhi said.
He warned that
a lenient penalty will weaken public confidence in the justice system.
He insisted
that sentencing below the presumptive term would “be a betrayal of justice”.
The duo’s
lawyers pleaded for leniency and willingness to make amends through
restitution.
This was
dismissed as insincere by prosecutor Mabhaudhi who argued that previous
attempts to recover the money under the Money Laundering Act were met with
resistance from the pair.
The two were
convicted for defrauding the Presidential Goat Scheme of US$7.7 million, a
programme designed to uplift rural communities.
Relatives,
friends, and business associates are awaiting the final decision as Justice
Kwenda, alongside assessors Margaret Chitsiga and Temba Kuwanda, determine the
outcome.
Mpofu and
Chimombe were found guilty of using forged documents, including fake tax
clearance and NSSA compliance certificates, to secure the tender through their
company, Blackdeck Pvt Ltd.
The tender
involved supplying 85,000 goats to rural communities under the government
initiative.
However, only
4,000 goats were delivered, leaving the majority of beneficiaries without the
promised support.
The court ruled
that the duo defrauded the government of over US$7 million.
In
pre-sentencing arguments, Mpofu extended an apology to President Mnangagwa and
the nation, acknowledging the stain left on the scheme.
Chimombe
offered to reimburse the Government for funds received and pleaded for
leniency, arguing his role as a co-perpetrator rather than the principal figure
in the fraud.
Defence lawyer
Professor Lovemore Madhuku urged the court to consider the failure of State
officials to detect the fraud early, highlighting systemic flaws in the tender
process.
The defence has
requested the court to exercise its discretion with compassion, urging a
departure from the presumptive 20-year penalty.
Chimombe and
Mpofu told the court they have 24 children, and a combined net worth of about
US$3 million. Chimombe has three wives and 15 children, who are all minors, and
depend on him for everything they need in their lives.
Mpofu has nine
children.
In football
terms, the two businessmen could even stage a friendly match featuring their
children, on holiday, and even have the luxury of having one substitute on
either side.
Chimombe claims
he only managed to get as far as O-Level, in terms of his education, before
joining politics and owning several businesses.
He submitted
that he used to earn an average of US$15,000 to US$20,000 per month and is a
person who would never hatch a plan to commit an offence of such a magnitude.
Chimombe said
he owns two houses, one in Borrowdale worth US$800,000 and another in Chinhoyi,
with an estimated value of US$120,000.
Some of his
personal circumstances include his diabetic condition and that he suffers from
High Blood pressure
The two said
they have responsibilities over various enterprises and two dozen children to
take care of. The case has drawn significant attention, not only for the
staggering financial loss but also for the betrayal of trust in a programme
meant to alleviate poverty.
As the court
convenes, the weight of the judgment hangs heavily, with the fate of Mpofu and
Chimombe set to serve as a precedent in addressing high-level fraud.
The sentence
will determine whether justice tilts toward retribution or rehabilitation. H
Metro
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