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Chimombe, Mpofu claim rights violated as trial takes off this Wednesday

HARARE

Jailed
fraud
suspects
Mike
Chimombe
and
Moses
Mpofu
claim
their
constitutional
rights
have
been
violated,
adding
they
will
raise
the
complaint
with
the
court
as
trial
starts
this
Wednesday.

The
business
partners
are
accused
of
embezzling
US$7
million
state
funds
under
a
botched
goats
supply
tender
issued
by
government.

“Our
clients’
constitutional
rights

have
been
violated
left,
right
and
centre,”
lawyer
Lovemore
Madhuku
told
journalists
after
court
adjournment
Tuesday.

Madhuku
said
under
the
circumstances,
his
clients
will
not
be
afforded
fair
trial.


He
added,
“When
rights
are
given,
they
ought
to
be
enjoyed.”

Madhuku
is
taking
instructions
from
Ashiel
Mugiya
who
is
representing
Chimombe.

In
court,
Madhuku
said
he
needed
some
time
to
acquaint
himself
with
the
case
as
he
got
instructed
only
recently.

Tapson
Dzvetero,
representing
Mpofu,
also
said
his
client
will
raise
complaints
over
alleged
constitutional
violations.

He
told
court
that
prosecutors
have
failed
to
furnish
the
defence
with
sufficient
particulars
they
required
to
prepare
for
the
trial.

“We
are
not
ready
to
proceed.
On
September
20,
we
wrote
and
asked
the
state
to
furnish
us
with
further
particulars.

“The
state
wrote
back
and
furnished
us
with
some
of
the
particulars
but
not
all.

“We
have
had
an
engagement
with
my
colleagues
and
agree
that
we
have
to
sit
down
and
identify
documents
they
can
give
us
and
which
ones
they
cannot.
After
that,
we
can
commence
the
trial,”
he
said.

Witness
Mabhaudhi,
representing
the
State,
consented
to
trial
postponement.

Prosecutors
say
the
fraud
charges
emanate
from
tender
documents
submitted
by
the
two
suspects
through
a
company
called
Blackdeck
Private
Limited
in
September
2021
when
the
Lands
and
Agriculture
ministry
invited
bids
for
the
supply
of
632,001
goats
under
a
scheme
worth
US$87,757,168
to
distribute
goats
nationally,
whose
beneficiaries
would
pass
on
the
animals
to
the
next
needy
household
after
kidding.

They
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
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,”
charges
the
National
Prosecuting
Authority
(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.

The
two
deny
the
allegations.