HARARE
–
Business
partners
Moses
Mpofu
and
Mike
Chimombe
were
on
Wednesday
convicted
of
defrauding
the
agriculture
ministry
of
US$7
million
in
an
US$87
million
goat
supply
tender
using
a
non-existent
company.
The
pair,
appearing
before
Justice
Pisirayi
Kwenda,
had
entered
“not
guilty”
pleas.
They
now
await
sentencing
on
October
31.
Mpofu
denied
the
allegations
insisting
that
the
dispute
was
a
civil
matter,
and
the
state
erred
in
charging
him
in
his
personal
capacity
instead
of
their
company,
Blackdeck.
Chimombe
denied
being
involved
in
the
foiled
deal
arguing
that
he
was
only
there
to
assist
with
deliberations
as
a
member
of
a
black
empowerment
pressure
group.
Their
lawyers
insisted
that
the
two
men
had
been
targeted
in
a
complex
capture
of
the
legal
system
by
their
former
business
partner,
Wicknell
Chivayo,
who
blamed
them
for
leaking
audios
on
which
he
was
heard
stating
that
he
had
bribed
several
government
officials
to
secure
contracts
for
the
supply
of
election
materials,
including
chief
cabinet
secretary
Martin
Rushwaya,
former
Central
Intelligence
Organisation
boss
Isaac
Moyo
and
Zimbabwe
Electoral
Commission
chairperson
Justice
Priscilla
Chigumba,
among
others.
Chivayo
has
claimed
on
social
media
that
the
two
men
will
go
to
jail
for
20
years.
Kwenda
said
the
two
acted
in
common
purpose,
and
shared
the
guilt.
“A
company
is
just
a
person
in
terms
of
the
law.
It’s
really
not
a
natural
person
created
by
God.
It
being
a
fiction,
you
can’t
touch
it.
It
does
not
have
a
brain
of
its
own,
it
does
not
think
or
act
on
its
own,
so
it’s
very
difficult
to
separate
the
acts
of
a
company
from
the
acts
of
the
person
who
represents
it,”
the
judge
said.
“Mpofu
must
have
been
aware
of
his
obligation.
He
submitted
a
bid
which
contained
falsified
information,
which
confirms
that
he
was
liable.
He
should
have
called
witnesses
to
confirm
that
he
was
not
involved
in
the
submission,
but
he
did
not
do
so.”
The
judge
also
criticised
Mpofu
for
failing
to
call
witnesses
to
support
his
defence,
despite
having
promised
to
do
so
initially,
ruling
that
this
showed
that
he
had
no
defence
at
all.
“He
knew
these
witnesses
were
important
as
he
was
being
charged
in
his
personal
capacity.
His
decision
not
to
call
these
witnesses
was
his
own,
except
that
one
witness
had
died,
which
was
not
verified
by
production
of
evidence,”
the
judge
said.
“Where
a
litigant
threatens
to
call
witnesses
to
confirm
his
defence
and
later
abdicates,
the
usual
inference
is
there
was
no
intention
to
call
that
witness,
or
that
the
witness,
if
called,
would
not
confirm
that
defence.”
Kwenda
said
that
where
presumption
gives
rise
to
criminal
liability,
“the
onus
is
on
a
litigant
to
prove
that
he
did
not
play
a
part.”
Regarding
Chimombe,
the
judge
said
the
businessman
tried
to
hide
behind
a
finger
by
denying
involvement,
yet
witnesses
confirmed
that
he
would
attend
meetings.
“The
second
accused
person
strenuously
denied
he
had
much
involvement
in
this
scheme.
We
must
resolve
that
factual
dispute,
and
that
can
be
rectified
by
reference
to
the
testimony
of
witnesses,”
Kwenda
said.
“The
witnesses,
John
Bhasera
(agriculture
ministry
secretary)
and
Nhundurwa,
said
they
would
attend
meetings
together.
We
therefore
found
that
he
participated.
We
did
not
find
his
explanation
convincing.
If
he
said
he
attended
meetings
with
Nhundurwa,
that
would
have
nothing
to
do
with
lobbying
for
an
award
for
Blackdeck
because
it
had
already
been
awarded.”
Kwenda
rejected
the
claim
that
Chimombe
attended
meetings
merely
to
resolve
disputes
as
a
member
of
the
Economic
Empowerment
Group
(EEG).
Queried
the
judge:
“There
was
clearly
another
reason
for
this.
Why
would
he
be
there
to
attend
a
business
meeting?
It
shows
he
had
a
mandate.”
Kwenda
concluded
the
two
were
main
players
and
found
them
both
guilty
of
the
allegations.
Mpofu’s
lawyer
Ashiel
Mugiya
said
they
respect
the
judgement,
“but
we
are
not
happy
with
it.”
He
told
reporters
outside
court:
“We
will
appeal
at
the
Supreme
Court
after
sentencing
and
we
believe
we
have
a
number
of
good
grounds
for
appeal.”
Mugiya
was
instructing
Professor
Lovemore
Madhuku.
Tapson
Dzvetero
represented
Mpofu.
The
National
Prosecuting
Authority
argued
during
the
trial
that
the
two
men,
through
a
company
called
Blackdeck
Private
Limited,
responded
to
a
September
2021
call
by
the
ministry
of
lands
and
agriculture
inviting
bids
for
the
supply
of
632,001
goats
under
a
scheme
worth
US$87,757,16.
The
goats
would
be
distributed
nationally,
with
beneficiaries
passing
on
the
animals
to
the
next
needy
household
after
kidding.
Prosecutors
say
after
winning
the
tender,
it
was
Blackdeck
Livestock
and
Poultry
Farming,
an
unregistered
company,
which
signed
documents
with
the
ministry.
Mpofu
represented
the
company
and
Chimombe
acted
as
a
witness.
On
further
review
of
Blackdeck
Private
Limited’s
documents,
it
is
alleged
that
the
company
had
no
valid
tax
clearance
certificate
from
the
Zimbabwe
Revenue
Authority
for
2021,
and
that
a
QR
code
attached
to
the
National
Social
Security
compliance
certificate
belonged
to
a
different
company
called
Skywalk
Investments.
Both
documents
were
required
for
one
to
be
eligible
to
bid
for
the
tender.
Acting
on
the
misrepresentations,
prosecutors
say
the
ministry
went
on
to
pay
30
percent
of
the
contract
in
the
local
currency,
an
amount
of
ZWL1.6
billion
which
was
allegedly
equivalent
to
US$7,712,197
in
two
instalments
on
April
21,
2022,
and
June
29,
2022.
Following
delays
in
delivering
the
goats,
the
ministry
engaged
Blackdeck
and
was
informed
that
the
company
had
mobilised
32,500
goats
across
the
provinces
which
were
ready
to
be
distributed
to
the
final
beneficiaries.
A
verification
process
by
the
ministry
at
various
sites,
it
is
alleged,
however
showed
that
the
company
only
had
3,713
goats.
“After
the
ministry
of
lands
realised
that
they
were
being
deceived
by
the
accused
persons
they
then
cancelled
the
contract
on
August
29,
2022,”
charged
the
NPA.
To
date,
the
prosecution
says
4,208
goats
worth
US$331,445.25
have
been
delivered
and
the
ministry
was
prejudiced
of
US$7,380,751.85.
Mpofu
also
argued
that
the
money,
paid
in
a
very
unstable
local
currency
at
the
time,
depreciated
before
it
could
be
used
for
buying
goats.
At
the
time
of
their
arrest,
the
two
men
said
the
contract
was
still
running,
and
the
ministry
had
not
declared
a
breach.
In
fact,
they
were
seeking
to
renegotiate
it
due
to
currency
losses.