In a courtroom filled with anticipation, Zimbabwe witnessed a dramatic turn of events as Justice Pisirayi Kwenda delivered a landmark verdict in the High Court yesterday. The case, involving businessmen Mike Chimombe and Moses Mpofu, has been described as the largest post-independence fraud case in Zimbabwe’s history, and the sentences handed down are expected to send ripples throughout the nation.
Justice Kwenda sentenced the two business partners to jail after they were found guilty of defrauding the Government of more than US$7 million in public funds. These funds were specifically allocated for the Presidential Goat Pass-On Scheme, a program designed to support vulnerable rural households.
Mpofu, aged 50, received a 22-year prison term, while Chimombe, aged 44, was sentenced to 17 years. However, these sentences include conditions for suspension based on restitution. Specifically, Mpofu’s sentence includes a three-year suspension for good behaviour and an additional four years suspended on the condition that he repays US$2,060,250.60 by February 28, 2026. Similarly, Chimombe’s sentence includes a three-year suspension for good behaviour and two years suspended if he repays US$964,064.64 by the same date. If Mpofu fulfils his restitution obligations, he will serve 15 years, while Chimombe will serve 12 years if he meets his conditions.
Both men have already spent 18 months in pre-trial detention, a period that was taken into account when determining their sentences.
The court’s decision comes at a critical time for Zimbabwe, as the country grapples with the pervasive effects of corruption. This high-profile sentencing is seen as a strong message that economic crimes against the public purse will not be tolerated and will carry severe consequences.
Justice Kwenda’s judgment was clear: “The Government of Zimbabwe trusted you to act with integrity and probity, but you betrayed that trust for personal enrichment. This court must send a clear message: enough is enough.”
The Presidential Goat Pass-On Scheme was established with the aim of improving nutrition, food security, and income for vulnerable households, including those headed by orphans, the elderly, and individuals with disabilities. However, instead of fulfilling this mission, Mpofu and Chimombe orchestrated a sophisticated fraud.
The court heard how the two businessmen submitted a fraudulent tender under the name Blackdeck Livestock and Poultry Farming, a company that did not exist. They used forged documents from the Zimbabwe Revenue Authority (ZIMRA) and the National Social Security Authority (NSSA) to mislead Government officials into awarding them a lucrative contract.
Once the contract was secured, Mpofu and Chimombe acted as representatives of the fictitious company, receiving ZWL $1.6 billion (approximately US$7.7 million) as an advance payment. Instead of using the funds to supply goats as agreed, they funnelled the money through various accounts, including a company owned by Chimombe, and engaged in trading on the black market.
State witnesses testified that while the contract required the delivery of 85,000 goats to meet the terms of the advance payment, only 4,208 goats were actually supplied. This represented a significant shortfall of over 89 percent.
The court was presented with evidence detailing the devastating impact of the fraud on the rural communities that were intended to benefit from the scheme. Justice Kwenda described the crime as “premeditated, complex, and meticulously executed,” noting that both accused had abused their positions of influence and trust.
The judge rejected arguments from the defence that Government officials should have detected the fraud earlier, emphasising that the accused had manipulated the system to evade scrutiny. He also highlighted the broader implications of the crime, stating that it was not only a theft of public funds but also a “theft of hope for the poorest members of our society.”
The State had argued for harsh penalties, asserting that theft from the public purse demanded a deterrent sentence. The prosecutor stated, “This offence has shocked the conscience of the nation. If this case does not warrant a lengthy imprisonment, what will it take for someone to go to jail for stealing public funds?”
While the court acknowledged mitigating factors, such as the accused being first-time offenders and Chimombe’s health issues, Justice Kwenda emphasised that these were outweighed by the aggravating circumstances of the case.
Despite the court’s ruling, the legal battle is far from over. Both Mpofu and Chimombe have indicated their intention to appeal against both the judgment and the sentence. Their lawyers, Advocate Tapson Dzvetero and John Koto representing Mpofu, and Professor Lovemore Madhuku and Asheal Mugiya representing Chimombe, have stated that they will return to the High Court to request permission to escalate their appeal to the Supreme Court.
On the other side, Whisper Mabhaudi, representing the State, has also indicated that the State will appeal against the sentence, arguing that it is not harsh enough to reflect the gravity of the crime. The State insists that the combined 27 years the businessmen will spend in jail is not sufficient to reflect the US$7 million fraud they committed and that the punishment does not deliver true justice or serve as a strong warning to potential fraudsters. The prosecution had initially proposed an effective 25-year sentence, with a portion suspended on the condition that Mpofu and Chimombe paid restitution of US$7.38 million.
As both the defence and the prosecution prepare to take their cases to the Supreme Court, the courtroom drama continues, promising further developments in this ongoing battle for justice and accountability.
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