HARARE
–
The
High
Court
has
dismissed
applications
by
Moses
Mpofu
and
Mike
Chimombe
for
leave
to
appeal
against
both
conviction
and
sentence,
with
Justice
Pisirayi
Kwenda
finding
that
their
intended
appeals
were
“frivolous,
vexatious
and
an
abuse
of
court
process.”
Mpofu
and
Chimombe
were
jointly
convicted
in
December
2025
of
fraud
involving
millions
of
dollars
under
the
Presidential
Goat
Pass-On
Scheme
and
sentenced
to
lengthy
prison
terms,
partly
suspended
on
condition
of
restitution.
In
a
ruling
handed
down
on
Monday,
Justice
Kwenda
said
the
applicants
had
failed
to
demonstrate
reasonable
prospects
of
success,
the
threshold
required
for
leave
to
appeal.
“In
order
to
succeed,
it
is
not
enough
for
the
applicant
to
make
out
an
arguable
case…
there
must
be
substance
in
the
argument,”
the
judge
said,
citing
S
v
McGown.
The
court
found
that
the
fraud
was
executed
through
a
fictitious
entity,
Blackdeck
Livestock
and
Poultry
Farming,
which
was
falsely
presented
as
a
registered
company
eligible
to
supply
goats
under
the
government
scheme.
Justice
Kwenda
ruled
that
the
entity
“did
not
exist
as
a
company
incorporated
in
terms
of
the
laws
of
Zimbabwe
with
the
legal
capacity
to
act,”
yet
was
deliberately
portrayed
as
such
using
documents
belonging
to
Blackdeck
(Pvt)
Ltd.
To
escape
automatic
disqualification,
the
accused
submitted
counterfeit
ZIMRA
tax
clearance
and
NSSA
compliance
certificates,
which
forensic
evidence
showed
had
been
altered
from
certificates
belonging
to
Skywalk
(Pvt)
Ltd.
“As
a
result
of
the
misrepresentation,
the
fraudulent
bid…
was
accepted
by
the
Ministry
and
treated
as
valid,”
Kwenda
said.
The
ministry
of
agriculture
ultimately
paid
about
ZWL$1.6
billion
(US$7.7
million)
into
Blackdeck’s
bank
account
but
received
goats
worth
only
about
US$331,000,
with
the
bulk
of
the
funds
rapidly
disbursed
to
other
companies
and
traded
on
the
foreign-currency
black
market.
In
dismissing
Mpofu’s
application,
the
judge
said
the
evidence
showed
he
was
central
to
the
fraud.
“Mpofu conceived
the
idea
to
submit
the
bid.
He
was
aware
that
Blackdeck
Livestock
&
Poultry
Farming
was
not
a
registered
company
and
thus
lacked
the
capacity
to
act,”
Kwenda
said.
The
judge
noted
that
Mpofu
admitted
knowing
tax
clearance
certificates
were
mandatory,
signed
the
contract
on
behalf
of
the
fictitious
entity,
supplied
Blackdeck’s
bank
account
details,
and
represented
the
company
throughout
the
scheme.
“In
terms
of
section
277
of
the
Criminal
Law
Code,
a
director
is
personally
criminally
liable
for
any
offence
for
which
his
company
is
criminally
liable…
In
this
case,
it
is
common
cause
that
Mpofu
admitted
he
took
part.”
Kwenda
said
it
was
“frivolous”
for
Mpofu’s
lawyers
to
continue
arguing
that
Blackdeck
Livestock
and
Poultry
Farming
was
a
lawful
corporate
entity
when
no
legal
formalities
had
ever
been
undertaken
to
register
it.
In
unusually
sharp
language,
the
judge
criticised
aspects
of
the
defence
submissions,
saying
insisting
that
no
fraud
occurred
while
admitting
the
use
of
counterfeit
documents
“shows
disdain
for
court
processes.”
Chimombe,
who
denied
any
formal
role
in
Blackdeck,
was
convicted
as
a
co-perpetrator
under
section
196A
of
the
Criminal
Law
Code.
Justice
Kwenda
said
the
law
did
not
require
proof
that
each
accused
personally
committed
every
act
of
fraud.
“Proof
of
association
with
the
intention
to
commit
a
crime,
or
knowledge
that
it
would
be
committed,
suffices,”
he
said.
The
court
found
Chimombe
repeatedly
appeared
with
Mpofu
at
ministry
meetings,
played
a
leading
role
in
engagements,
and
controlled
Millytake
Enterprises,
which
received
ZWL$200
million
from
the
scheme
proceeds.
“The
state
led
evidence
to
prove
that
Chimombe
appeared
at
the
ministry
together
with
the
Mpofu
on
various
occasions
associating
himself
with
the
fictitious
company,”
the
judge
said.
Kwenda
dismissed
claims
that
the
court
had
“gone
on
a
frolic
of
its
own,”
saying
Chimombe’s
arguments
reflected
a
deliberate
mischaracterisation
of
the
charge.
Mpofu
was
sentenced
to
22
years’
imprisonment,
with
part
suspended
on
condition
of
restitution
of
US$2.06
million,
while
Chimombe
received
17
years,
partly
suspended
on
condition
he
pays
US$964,064.
Justice
Kwenda
said
the
seriousness
of
the
offence,
the
scale
of
public
funds
involved,
and
the
deliberate
deception
of
the
state
justified
the
heavy
sentences.
Both
applications
for
leave
to
appeal
were
dismissed
in
their
entirety.