The High Court has ordered Mike Chimombe and Moses Mpofu, accused of abusing the Presidential Goats pass-on scheme, to cover their erstwhile business partner Wicknell Chivayo’s legal costs after they withdrew a subpoena requiring his testimony.
Chivayo, subpoenaed as a witness in Chimombe and Mpofu’s application for referral to the Constitutional Court, attended the hearing with his lawyer, Advocate Sylvester Hashiti.
However, Chimombe and Mpofu’s lawyers later decided that Chivayo’s evidence was unnecessary and withdrew the subpoena.
Justice Pisirai Kwenda set aside the subpoena and ordered Chimombe and Mpofu to meet Chivayo’s legal costs. Kwenda expressed displeasure with the duo’s handling of the case, stating that they should take court proceedings seriously.
Chimombe and Mpofu had also subpoenaed Harare Provincial Public Prosecutor Tendai Shonhai and investigating officer Henry Chapwanya but later excused them.
Additionally, they had planned to summon Zimbabwe Anti-Corruption Commission (ZACC) chairperson Michael Reza but deemed it unnecessary.
Advocate Hashiti argued that Chivayo was not a relevant witness, knowing nothing about the case.
“You can only testify when you are necessary or relevant for the progress of a case.
“Mr Chivayo knows nothing about the case. He was completely unaware of the case, he was not given notice and he was not given a summary of the case to testify on.
“There is basically nothing which he brings before the court, the reason I say it was not relevant. He could not have testified on something he does not know about and is not involved in, and was never involved,” the lawyer added.
Professor Lovemore Madhuku, representing Chimombe and Mpofu, defended their actions, stating that they realized Chivayo’s evidence was irrelevant after engaging with other parties.
The case will proceed, with Justice Kwenda urging Chimombe and Mpofu to expedite their application for referral to the Constitutional Court, which has taken over a month.
“The application for referral is taking longer than it should have,” Justice Kwenda stated.
“You should take these proceedings seriously. We really need to move on.”
Meanwhile, Mpofu and Chimombe have since told the court that they were being persecuted for exposing corruption in the Zimbabwe Electoral Commission (ZEC) tender case.
They told the High Court that after winning a US$40 million tender for ballot papers, Chivayo informed them that most of the money would go to government officials.
The duo was arrested in June and charged with defrauding the government in the Presidential Goat Scheme. However, they thought they were being summoned by (ZACC to discuss the ZEC tender issue, not the goat scheme. They believe this is selective prosecution.
The duo accused Reza of interfering in their case, resulting in their bail denial despite initial consent. They claim Reza met with the National Prosecuting Authority’s deputy director to oppose their bail.
