HARARE – The High Court on Friday threw out another freedom bid by businessman Moses Mpofu, whose application for discharge at the close of state’s case was dismissed.
Mpofu is jointly charged with his business partner Mike Chimombe on allegations of defrauding the government of US$7 million in a botched deal to supply goats to the ministry of agriculture.
Mpofu was seeking discharge arguing that Blackdeck Pvt Ltd, the company contracted to supply the goats, was the one which should have been charged.
Mpofu said he had nothing to do with the deal, an argument which did not find favour with Justice Pisirayi Kwenda of the Harare High Court.
Kwenda said Mpofu has a case to answer and should take to the witness stand to defend himself when the hearing continues next week.
“We’re satisfied that the state has established a prima facie case against the accused. We will put him to his defense,” Kwenda ruled.
Chimombe, who also filed his own application for discharge, is yet to know his fate.
Mpofu and Chimombe were arrested in June last year and have been held without bail.
Prosecutors say the fraud charges emanate from tender documents submitted by the two men through a company called Black Deck Private Limited in September 2021 when the ministry of lands and agriculture invited bids for the supply of 632,001 goats under a scheme worth US$87,757,168 to distribute goats nationally, whose beneficiaries would pass on the animals to the next needy household after kidding.
It is alleged that after winning the tender, it was Black Deck Livestock and Poultry Farming, an unregistered company, which signed documents with the ministry.
Mpofu allegedly represented the company and Chimombe acted as a witness.
On further review of Black Deck’s documents, it is alleged that the company had no valid tax clearance certificate from the Zimbabwe Revenue Authority for 2021, and that a QR code attached to the National Social Security compliance certificate belonged to a different company called Skywalk Investments.
Both documents were required for one to be eligible to bid for the tender.
Acting on the misrepresentations, prosecutors say the ministry went on to pay 30 percent of the contract in the local currency, an amount of ZWL1.6 billion which was allegedly equivalent to US$7,712,197 in two installments on April 21, 2022, and June 29, 2022.
Following delays in delivering the goats, the ministry engaged Black Deck and was informed that the company had mobilised 32,500 goats across the provinces which were ready to be distributed to the final beneficiaries.
A verification process by the ministry at various sites, it is alleged, however showed that the company only had 3,713 goats.
“After the ministry of lands realised that they were being deceived by the accused persons they then canceled the contract on August 29, 2022,” charged the NPA.
To date, the prosecution says 4,208 goats worth US$331,445.25 have been delivered and the ministry was prejudiced of US$7,380,751.85.
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