HARARE
–
Businessmen
Moses
Mpofu
and
Mike
Chimombe
will
be
back
in
court
on
Wednesday
for
pre-sentencing
procedures
after
failing
in
two
legal
bids
to
halt
the
process,
following
their
October
22
conviction
on
fraud
charges
linked
to
an
US$87
million
goat
supply
contract.
Mpofu
and
Chimombe,
represented
by
lawyers
Lovemore
Madhuku,
Ashiel
Mugiya
and
Tapson
Dzvetero,
first
asked
Justice
Pisirayi
Kwenda
to
defer
sentencing
until
they
were
furnished
with
his
written
judgment.
When
that
application
was
dismissed,
they
immediately
sought
leave
to
appeal
to
the
Supreme
Court,
arguing
that
sentencing
cannot
proceed
without
a
written
judgment
—
but
that
too
was
thrown
out.
Justice
Kwenda
ruled
that
the
request
lacked
merit,
insisting
that
his
judgment
had
already
been
delivered
in
open
court
and
was
final.
“My
decision
is
that
we
move
to
the
pre-sentencing
stage
and
we
should
proceed
on
Wednesday.
We
should
not
keep
delaying
this
matter,”
the
judge
said,
adjourning
the
matter
to
November
19
at
2PM.
During
arguments,
Madhuku
said
access
to
the
written
judgment
was
a
legal
right
and
necessary
for
fairness,
warning
that
proceeding
without
it
risked
“rendering
the
trial
unfair.”
Dzvetero
added
that
failing
to
provide
it
could
prejudice
the
convicts.
State
counsel
Whisper
Mabhaudhi
countered
that
there
was
no
legal
impediment
to
proceeding,
accusing
the
defence
of
relying
on
the
wrong
legal
provision
and
stressing
that
both
accused
were
present
when
the
judgment
was
delivered,
where
they
“were
supposed
to
take
notes.”
The
two
were
convicted
of
using
forged
documents
to
secure
a
tender
to
supply
632,001
goats
under
a
government
livestock
pass-on
scheme
valued
at
US$87,757,16.
The
tender
was
awarded
to
Blackdeck
Private
Limited,
but
prosecutors
said
an
unregistered
entity,
Blackdeck
Livestock
and
Poultry
Farming,
later
signed
contractual
documents
with
the
agriculture
ministry.
Investigations
also
found
that
Blackdeck
did
not
possess
a
valid
tax
clearance
certificate
for
2021
and
that
a
QR
code
on
an
NSSA
compliance
certificate
belonged
to
a
different
company,
Skywalk
Investments.
Following
the
award
of
the
tender,
the
ministry
paid
ZWL1.6
billion
—
equivalent
to
US$7,712,197
at
the
time
—
in
two
instalments
in
2022.
Blackdeck
later
claimed
to
have
mobilised
32,500
goats
nationwide,
but
a
verification
exercise
found
only
3,713
available.
The
ministry
cancelled
the
contract
on
August
29,
2022.
To
date,
prosecutors
say
only
4,208
goats
worth
US$331,445.25
have
been
delivered,
leaving
a
prejudice
of
US$7,380,751.85.
Mpofu
and
Chimombe
maintain
the
charges
are
politically
motivated
and
accuse
their
former
partner
Wicknell
Chivayo
of
orchestrating
their
arrest
after
they
fell
out.