Mpofu, Chimombe applications for leave to appeal dismissed
THE Supreme Court yesterday removed from the court roll a case where jailed businessman Moses Mpofu sought condonation for late filing of his application for leave to appeal. Justice George Chiweshe dismissed the application, citing fatal defects.
The matter will now proceed on April 7 by consent, with Mpofu’s case consolidated with that of Mike Chimombe, who filed his application on time.
Both defence and State lawyers agreed to the postponement, which allows the defence to address issues relating to the application and gives the registrar of the Supreme Court time to ensure the record is clear and complete for the superior court.
Mpofu and Chimombe, dressed in khaki prison attire, attended the hearing via the Virtual Hub at the Supreme Court. However, technical challenges, including system breakdowns, forced the proceedings to shift to an open court for a physical hearing.
The duo seeks leave to appeal a High Court ruling dismissing their bid for relief. They want the Supreme Court to overturn their convictions and sentences for orchestrating a large-scale fraud involving the Presidential Goat Pass-On Scheme.
Justice Pisirayi Kwenda earlier rejected their arguments, labelling them “frivolous and vexatious.”
Mpofu was sentenced to 19 years, part of which is suspended on condition of repaying over US$2 million. Chimombe received 14 years, with a portion suspended on condition of repaying more than US$964,000.
The Supreme Court hearing will decide whether the pair can proceed with their substantive appeal against the High Court’s decision. Until then, Mpofu and Chimombe remain in custody.
