Business partners Mike Chimombe and Moses Mpofu have been found guilty of defrauding Zimbabwe’s Ministry of Lands and Agriculture of US$7 million in a botched US$87 million goat supply tender. The two, who denied the charges, are now awaiting sentencing scheduled for October 31, and their assets are set to be forfeited.
Justice Pisirayi Kwenda delivered the verdict at the High Court on Wednesday, ruling that the pair acted in common purpose through their company, Blackdeck Private Limited, to defraud Government.
“A company is just a person in terms of the law… it cannot think or act on its own. It is very difficult to separate the acts of a company from the acts of the person who represents it,” said Justice Kwenda.
Fraud Through a Non-Existent Company
According to prosecutors, the duo used an unregistered entity, Blackdeck Livestock and Poultry Farming, to sign documents with the ministry after winning the tender in 2021 to supply 632,001 goats under a national livestock pass-on scheme.
Investigations revealed that Blackdeck had no valid tax clearance certificate from the Zimbabwe Revenue Authority (ZIMRA), and the QR code on its National Social Security Authority (NSSA) compliance certificate belonged to another company, Skywalk Investments.
Despite these irregularities, the ministry paid 30% of the contract value, amounting to ZWL1.6 billion (about US$7.7 million) in April and June 2022.
When the ministry later verified the company’s claims of mobilising 32,500 goats, only 3,713 goats were found. The contract was subsequently cancelled on August 29, 2022, with the ministry reportedly prejudiced of US$7.38 million.
Defences Rejected
Mpofu argued that the matter was civil, not criminal, and that charges should have been directed at the company rather than him personally. He also claimed that currency depreciation affected their ability to deliver the goats.
Chimombe, meanwhile, denied involvement, insisting he only attended meetings as a representative of the Economic Empowerment Group (EEG).
Justice Kwenda dismissed their defences, ruling that witness testimony from Agriculture Ministry Secretary John Bhasera and another official, Nhundurwa, confirmed Chimombe’s active participation in the scheme.
“The second accused person strenuously denied involvement… We did not find his explanation convincing. If he attended business meetings, it shows he had a mandate,” the judge said.
The court further criticised Mpofu for failing to call witnesses to support his defence, despite earlier promises to do so.
“Where a litigant threatens to call witnesses and later abdicates, the usual inference is that the witness would not have confirmed the defence,” Justice Kwenda observed.
Lawyers to Appeal
Following the ruling, Mpofu’s lawyer Ashiel Mugiya said they respected but disagreed with the judgment and would appeal to the Supreme Court after sentencing.
“We believe we have several strong grounds for appeal,” Mugiya told reporters outside the court.
Mugiya instructed Professor Lovemore Madhuku during the trial, while Tapson Dzvetero represented Chimombe.
Background to the Case
The high-profile case has drawn significant public attention amid tensions between the two businessmen and their former associate Wicknell Chivayo, who has accused them of leaking audio recordings implicating senior government officials in alleged bribery schemes.
Chivayo has since claimed on social media that Chimombe and Mpofu could face up to 20 years in jail.
For now, both men remain on bail as they await sentencing — a decision expected to set a major precedent in Zimbabwe’s ongoing efforts to tackle high-level corruption in public procurement.
