State demands conviction in Mike Chimombe & Mpofu fraud trial

THE State, in its case against business partners Moses Mpofu and Mike Chimombe, accused of orchestrating a fraudulent tender scheme, is calling on the High Court to deliver a conviction, asserting that the evidence presented is both compelling and irrefutable.

It alleges that the pair manipulated a Government tender for the Presidential Goat Pass-on Scheme, a project valued at $87 million and designed to uplift rural communities through goat distribution.

Both the State and defence counsel submitted their written arguments by the end of last week, and they are scheduled to present oral arguments today before Justice Pisirayi Kwenda presiding over the case alongside assessors Ms Margret Chitsiga and Mr Temba Kuwanda.

Prosecutors argue that the case reveals a deliberate pattern of misrepresentation and fraud. Central to the prosecution’s case is the claim that Mpofu and Chimombe used Blackdeck Pvt Ltd, a company allegedly created as a front, to secure the tender through fraudulent means.

The State asserts that the accused submitted forged ZIMRA tax clearance documents and NSSA compliance certificates, which were mandatory for tender eligibility.

Witnesses from both ZIMRA and NSSA confirmed the certificates were counterfeit. Prosecutors say the accused knowingly used these forged certificates to obtain an advance payment of RTGS $1.6 billion, equivalent to US$7,7 million, under the guise of preparing 32 500 goats for delivery.

“The evidence is not speculative,” the prosecution stated in its written submission. “The accused acted with full knowledge and intent to defraud the Government.”

The State paints Mpofu as the mastermind, describing him as the managing director and primary representative of Blackdeck.

Prosecutors allege he was involved in every stage of the tender process, from application to contract negotiations.

The defence teams for Mpofu and Chimombe have dismissed the allegations as baseless, portraying the State’s case as speculative and riddled with gaps. Mpofu’s lawyer, Advocate Tapson Dzvetero, argues that the State failed to link his client to the fraudulent documents.

“The State has not demonstrated that Mpofu prepared, submitted, or was even aware of the forgeries. Blackdeck Pvt Ltd is a separate legal entity, and the tender documents were handled by its directors and staff, none of whom are on trial.”

Adv Dzvetero emphasised that the bid documents were signed by Tichaona Chidembo, a Blackdeck employee, and submitted by Hazvineyi Kabisira, one of the company’s directors.

“The accused had no direct involvement in the preparation or submission of the tender. The Ministry dealt exclusively with the company, and all payments were made to Blackdeck’s accounts, not Mpofu’s.”

He further argued that the State had not “pierced the corporate veil” to prove Mpofu’s personal liability.

For Chimombe, represented by Professor Lovemore Madhuku and Garikai Sithole, instructed by Mr Arshiel Mugiya, the defence centred on distancing him from Blackdeck’s operations. The lawyers argue that Chimombe’s role was limited to assisting as an external party after the tender was awarded.

“There is no evidence linking Chimombe to the preparation or submission of the tender documents,” the defence stated.

They pointed out that his own company, Millytake, had competed for the same tender, undermining the State’s claim that he colluded with Mpofu.

Herald