US$7 million fraud: Mpofu apologises, Chimombe offers restitution as court prepares to sentence duo

Business partners Moses Mpofu and Mike Chimombe will be sentenced on Monday after a Harare court heard final arguments in their US$7.7 million Presidential Goat Scheme fraud case.

The pair was convicted of defrauding the State through their non-existent company, Blackdeck, after winning a US$87 million tender to supply 85,000 goats, of which only 4,000 were delivered.

Mpofu took the stand during mitigation and issued a long-awaited apology, saying he regretted the collapse of the Presidential Goat Pass-On Scheme.

“I want to say to Zimbabweans I’m sorry and I regret that the Presidential Goat Scheme did not go as planned. Apology was always in my mind, starting from the President.”

Mpofu admitted that Blackdeck operated using fake tax documents and failed to conduct due diligence.

“We should have scrutinised that… our ZIMRA papers were not in good condition and fake,” he said, adding that had they detected it earlier, they would have reported the matter.

He also distanced himself from personal responsibility, stating, “The court’s judgment is final, but it still hurts me because I did not do it. It was Blackdeck.”

Pressed on whether he was willing to compensate the government, Mpofu said he had no personal funds but added, “If the court instructs that, I will see how to go about it.”

Chimombe’s lawyer, Ashiel Mugiya, said his client was ready to compensate the Ministry of Agriculture, urging the court to consider his willingness to make amends.

Mugiya said Chimombe, a businessman and farmer, owned movable assets and properties worth more than US$1 million, including an US$800,000 Borrowdale home, and could use his resources to help repay the State.

He argued Chimombe had learnt his lesson, had 15 minor children and three wives to support, and was a first offender.

“He will not sit down to premeditated commission of such offences,” Mugiya said.

Prosecutor Whisper Mabhaudhi urged the court to impose a stiff sentence, saying the crime was unprecedented and targeted vulnerable groups.

“They stole from the poorest of the poor,” he said.

He warned that a lenient sentence would undermine the justice system, adding, “A non-custodial sentence can’t be said to be even a slap on the wrist.”

Mabhaudhi said the State had attempted to recover funds through the Money Laundering Act, but the duo resisted.

“The accused did not want to hear about compensation at all. If they really wanted, they would have offered to do so.”

He compared the case to other corruption matters, arguing, “The starting point for this case is 20 years. This court has already spoken and should continue to speak with one voice.”

Mabhaudhi said giving the pair a sentence below the presumptive term would be “a betrayal of justice”, pointing to former prosecutor Pardon Dziva’s 9-year sentence for a US$10,000 offence.

“If the two get a lesser sentence, then such people like Dziva should be set free.”

He also criticised the defence’s conduct, accusing them of trying to delay the trial by filing 18 constitutional objections and attacking the judges.

“They complained that the bench was too old and they ‘cannibalised’ the bench. It was highly provocative,” he said.

He insisted that pretrial incarceration should not mitigate their sentence, arguing the delays were “of their own making”.

Professor Lovemore Madhuku, representing Chimombe and taking instructions from Mugiya, argued that the Ministry of Agriculture contributed to the scandal through poor oversight.

“There should be checks and balances in any government institution… the State machinery is also culpable,” he said, adding that Chimombe should not be viewed as the sole culprit.

He suggested the court bar Chimombe from participating in similar projects in future.

After hearing both sides, the court postponed sentencing to Monday, when it will determine the appropriate punishment.

The prosecution has suggested a sentence of up to 35 years, while defence lawyers have pleaded for leniency, highlighting Mpofu’s apology and Chimombe’s willingness to compensate the State.