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Chief Court Reporter

LAWYERS representing businessmen Mike Chimombe and Moses Mpofu, accused of fraud involving US$7 million under the Presidential Goat Scheme, yesterday filed an appeal at the High Court for bail pending trial.

The two were denied bail recently by Harare magistrate Mrs Marehwanazvo Gofa on the grounds that the State had proven beyond reasonable doubt that they were not suitable candidates for bail as prospects of conviction were high.

Aggrieved by the remand court decision, the two, through lawyers Mr Tapson Dzvetero and Ashley Mugiya, have exercised their right to appeal to the High Court to intervene and overturn the lower court’s decision, arguing misdirection on the part of the magistrate.

Though the prosecution produced evidence to support its allegation that the two were not good candidates for bail as they used forged documents to bid on the goat tender, the two argued that bail is a constitutional right and there were no compelling reasons to deny them their freedom pending trial.

But in her bail ruling last week, Mrs Gofa said two were supposed to offer a meaningful defence as to why they are denying the charges against them, noting that they did not have a plausible defence.

The magistrate rejected Chimombe’s argument that said all papers submitted for bidding were authentic and that their contract was still valid.

Chimombe, however, failed to tender documentary evidence to prove that their company documents were legitimate.

As for Mpofu, the court ruled that his denial of allegations on the grounds that he was attending meetings at the Ministry of Lands, Agriculture, Fisheries, Water and Rural Development as the leader of Economic Empowerment Group, not as part of Blackdeck (Pvt) Ltd, the company that won the goat supply tender, could not be substantiated since he failed to tender documents to support that defence.

The two were also found to have a propensity to interfere with State witnesses and this was supported by the presser they shared on social media when the investigations by Zimbabwe Anti-Corruption Commission were pending.

In addition, the court ruled that the two were a flight risk.

Prosecutor Mr Anesu Chirenje alleged that Mpofu and Chimombe forged documents to win the tender for supplying goats under the Presidential Goat Scheme. According to investigations, their company Blackdeck (Pvt) Ltd did not have a valid tax clearance, and that the QR code and the reference on the NSSA compliance certificate were issued to a different company. Blackdeck was de-registered from the NSSA system in January 2016.

Acting on the misrepresentation and the assumption that what are alleged to be forged documents were genuine, on November 16, 2021, the Ministry of Lands, Agriculture, Fisheries, Water and Rural Development signed a contract with Blackdeck for the supply and delivery of 632 001 goats valued at US$87,7 million.

The court heard that between April and June 2022, the Ministry transferred a total of Z$1.6 billion, the equivalent of US$7 712 197, into the Blackdeck bank account.

Consequently, their contract was cancelled on August 29, 2022 after Chimombe and Mpofu supplied just 4 208 goats valued at US$331 445 and went on to convert the remaining US$7 380 751 to their personal use.