The State is
adamant that the sentences do not reflect the gravity of the crime.
Officials argue
that the punishment does not deliver justice or send a strong warning to
potential fraudsters.
The prosecution
had initially proposed an effective 25-year sentence, with part of it suspended
on condition Mpofu and Chimombe paid restitution of a staggering US$7.38
million.
Justice
Pisirayi Kwenda delivered a scathing verdict at the High Court yesterday that
echoed far beyond the confines of the law.
He sent the two
businessmen to jail for a combined 27 years but, if they don’t pay back some of
the money which the Government lost, then they will stay in jail longer.
Mpofu’s 22-year
sentence includes a three-year suspension on good behaviour and another four
years suspended on condition he pays US$2,060,250.60 in restitution by February
28, 2026.
Chimombe’s
17-year sentence includes a three-year suspension on good behaviour and two
years suspended on condition he pays US$964,064.64 in restitution by the same
date.
Both men have
already spent 18 months in pre-trial detention, which was taken into account in
sentencing.
The sentences
imposed on the duo come at a time when Zimbabwe is grappling with the corrosive
effects of corruption.
This landmark
sentencing sends a piercing signal: economic crimes against the public purse
have serious consequences.
The two
businessmen have also indicated they will appeal against both judgment and
sentence.
Lawyers
representing the two said they will return to the High Court soon to request
permission to escalate their appeal to the Supreme Court.
Advocate Tapson
Dzvetero and John Koto represented Mpofu while Professor Lovemore Madhuku and
Asheal Mugiya represented Chimombe.
Whisper
Mabhaudi appeared for the State.
He also
indicated that the State will appeal against the sentence because it was not
harsh enough.
In a courtroom
charged with the weight of justice, Zimbabwe’s largest post-independence fraud
case reached a dramatic climax yesterday as High Court Justice Kwenda delivered
the sentence.
But with
appeals looming, the courtroom drama continues, promising further chapters in
this battle for justice and accountability.
Justice Kwenda
sent the two business partners to jail after being convicted of defrauding the
Government of more than US$7 million in public funds meant for vulnerable rural
households under the Presidential Goat Pass-On Scheme.
Justice Kwenda
handed Mpofu (50) and Chimombe (44) prison terms of 22 and 17 years
respectively, with portions of their sentences suspended on restitution
conditions.
If Mpofu pays
back some of the money, he will serve 15 years.
If Chimombe
pays back some of the money, he will serve 12 years.
The court found
the two guilty of orchestrating a well-planned fraud using forged documents and
the creation of a fictitious company to secure a government contract meant to
supply over half a million goats to impoverished communities.
“The Government
of Zimbabwe trusted you to act with integrity and probity, but you betrayed
that trust for personal enrichment,” Justice Kwenda said.
“This court
must send a clear message: enough is enough.”
The
Presidential Goat Pass-On Scheme was launched to improve nutrition, food
security, and income for vulnerable households, including those headed by
orphans, the elderly, and the disabled.
Instead, the
court heard how Mpofu and Chimombe submitted a fraudulent tender under the name
Blackdeck Livestock and Poultry Farming – a non-existent entity. Using forged
Zimbabwe Revenue Authority (ZIMRA) and National Social Security Authority
(NSSA) certificates, they misled Government officials into awarding them a
lucrative contract.
Once they got
the contract, Mpofu and Chimombe acted as representatives of the fictitious
company, receiving ZWL $1.6 billion (approximately US$7.7 million) as an
advance payment.
Instead of
fulfilling their obligations, the funds were funnelled through various
accounts, including a company owned by Chimombe, and traded on the black
market.
State witnesses
testified that while the contract required delivering 85,000 goats to meet the
terms of the advance payment, only 4,208 goats were supplied – representing a
shortfall of over 89 percent.
The court heard
that the fraud had devastating consequences for the rural communities that were
supposed to benefit from the scheme.
In his
sentencing judgment, Judge Kwenda described the crime as “premeditated,
complex, and meticulously executed.”
He noted that
both accused had abused their positions of influence and trust.
The judge
rejected arguments by the defence that Government officials should have
detected the fraud earlier, pointing out that the accused manipulated the
system to escape scrutiny.
The court also
highlighted the broader impact of the crime.
The State had
called for harsh penalties, arguing that theft from the public purse required a
deterrent sentence.
“This offence
has shocked the conscience of the nation. If this case does not warrant a
lengthy imprisonment, what will it take for someone to go to jail for stealing
public funds?” the prosecutor submitted.
While the court
acknowledged mitigating factors such as the accused being first-time offenders
and Chimombe’s health issues, Justice Kwenda emphasised that these were
outweighed by the aggravating circumstances.
“This crime was
not only a theft of public funds; it was a theft of hope for the poorest
members of our society,” he said.
The sentencing
marks a significant moment in Zimbabwe’s fight against corruption, with the
court signalling that economic crimes involving public funds will attract
severe consequences.
Both the
defence and the prosecution are gearing up to take the battle to the Supreme
Court.
The defence,
acting on their clients’ instructions, plans to challenge both the conviction
and the sentence. H Metro
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