Mike Chimombe and Moses Mpofu found guilty of US$7m fraud in goat scheme

HARARE – Zanu PF tenderpreneurs Mike Chimombe and Moses Mpofu have been found guilty of fraud by High Court Judge Justice Pisirayi Kwenda in relation to the US$87 million Presidential Goat Scheme.

The two leaked an audio in which businessman Wicknell Chivayo allegedly bragged about his hold and capture of President Emmerson Mnangagwa to corruptly secure more government contracts.

This episode however led to the arrest of Chimombe and Mpofu on charges they defrauded the State of US$7m from the US$87m contract. They have now been convicted and will remain in custody awaiting sentence on the 31st of October.

Justice Kwenda in his ruling said Mpofu, “shot himself in the foot. He said all he did was in his capacity as a director and that he was directed to do so. So there was no further proof needed by the State.”

Kwenda noted that Mpofu’s failure to call witnesses “affected his credibility and his defence.”

“He knew these witnesses were important as he was being charged in his personal capacity. His decision not to call these witnesses was his own, except that one witness had died, which was not verified by production of evidence,” the judge said.

“Where a litigant threatens to call witnesses to confirm his defence and later abdicates, the usual inference is there was no intention to call that witness, or that the witness, if called, would not confirm that defence.”

On Chimombe, Kwenda said “the second accused person strenuously denied he had much involvement in this scheme. We were faced with a situation where we had a threatened case against his denial.

“We must resolve that factual dispute, and that can be rectified by reference to the testimony of witnesses.

“The witnesses, John Bhasera and Nhundurwa, said they would attend meetings together. We therefore found that he participated. We did not find his explanation convincing.

“If he said he attended meetings with Nhundurwa, that would have nothing to do with lobbying for an award for Blackdeck because it had already been awarded,” Justice Kwenda added.

Kwenda concluded: “We found that the version of the first accused person, that Chimombe was co-opted to represent the company, is binding. To that extent, we found that the second accused was controlling the affairs of the entity. His liability flows from his participation.”

Chivayo meanwhile has not missed the opportunity to put the boot in “prophesying” on social media that his former business partners will be sentenced to 20 years in jail.