HARARE – Businessmen Moses Mpofu and Mike Chimombe will be back in court on Wednesday for pre-sentencing procedures after failing in two legal bids to halt the process, following their October 22 conviction on fraud charges linked to an US$87 million goat supply contract.

Mpofu and Chimombe, represented by lawyers Lovemore Madhuku, Ashiel Mugiya and Tapson Dzvetero, first asked Justice Pisirayi Kwenda to defer sentencing until they were furnished with his written judgment. When that application was dismissed, they immediately sought leave to appeal to the Supreme Court, arguing that sentencing cannot proceed without a written judgment — but that too was thrown out.

Justice Kwenda ruled that the request lacked merit, insisting that his judgment had already been delivered in open court and was final.

“My decision is that we move to the pre-sentencing stage and we should proceed on Wednesday. We should not keep delaying this matter,” the judge said, adjourning the matter to November 19 at 2PM.

During arguments, Madhuku said access to the written judgment was a legal right and necessary for fairness, warning that proceeding without it risked “rendering the trial unfair.” Dzvetero added that failing to provide it could prejudice the convicts.

State counsel Whisper Mabhaudhi countered that there was no legal impediment to proceeding, accusing the defence of relying on the wrong legal provision and stressing that both accused were present when the judgment was delivered, where they “were supposed to take notes.”

The two were convicted of using forged documents to secure a tender to supply 632,001 goats under a government livestock pass-on scheme valued at US$87,757,16. The tender was awarded to Blackdeck Private Limited, but prosecutors said an unregistered entity, Blackdeck Livestock and Poultry Farming, later signed contractual documents with the agriculture ministry.

Investigations also found that Blackdeck did not possess a valid tax clearance certificate for 2021 and that a QR code on an NSSA compliance certificate belonged to a different company, Skywalk Investments.

Following the award of the tender, the ministry paid ZWL1.6 billion — equivalent to US$7,712,197 at the time — in two instalments in 2022. Blackdeck later claimed to have mobilised 32,500 goats nationwide, but a verification exercise found only 3,713 available.

The ministry cancelled the contract on August 29, 2022. To date, prosecutors say only 4,208 goats worth US$331,445.25 have been delivered, leaving a prejudice of US$7,380,751.85.

Mpofu and Chimombe maintain the charges are politically motivated and accuse their former partner Wicknell Chivayo of orchestrating their arrest after they fell out.