Johnson Progress

High Court Justice Pisirayi Kwenda has ruled that the presumptive starting point for sentencing Moses Mpofu and Mike Chimombe is 20 years imprisonment, citing aggravating circumstances surrounding the fraud case.

According to Justice Kwenda, the offence involved a significant amount of money and the misuse of public funds, warranting a harsher penalty.

Prosecutor Whisper Mabhaudhi had urged the court to impose a stiff custodial sentence of up to 35 years, arguing that the scale of the US$7m fraud was unprecedented and disadvantaged vulnerable communities.

“They stole from the poorest of the poor,” Mabhaudhi said, warning that a lenient penalty would weaken public confidence in the justice system.

The duo was found guilty of using forged documents, including fake tax clearance and NSSA compliance certificates, to secure a tender to supply 85,000 goats to rural communities under the Presidential Goat Scheme.

However, only 4,000 goats were delivered, leaving the majority of beneficiaries without the promised support.

In pre-sentencing arguments, Mpofu extended an apology to President Mnangagwa and the nation, acknowledging the stain left on the scheme.

Chimombe offered to reimburse the Government for funds received and pleaded for leniency, arguing his role as a co-perpetrator rather than the principal figure in the fraud.

Defence lawyer Professor Lovemore Madhuku urged the court to consider the failure of State officials to detect the fraud early, highlighting systemic flaws in the tender process.

“The negligence of State officials is glaring. How could a committee led by a lawyer fail to uncover the fraud? The entire ministry evaluated nothing. This failure must be addressed,” Madhuku said.

Mabhaudhi dismissed the compensation offers as insincere, arguing that previous attempts to recover the money under the Money Laundering Act were met with resistance from the pair.