Lawyers for businessmen Moses Mpofu and Mike Chimombe, who are facing allegations of defrauding the government of US$7 million in connection with a goat supply contract, plan to call four witnesses to support their bid to refer constitutional issues to the Constitutional Court.
This request focuses on alleged violations of their rights, as reported by The Herald.
The defense aims to present Michael Reza, Chairman of the Zimbabwe Anti-Corruption Commission, who is accused of interfering with the right to bail; Henry Chapwanya, the investigating officer; Tendayi Shonhai, the acting chief public prosecutor; and Wicknell Chivayo.
The State has indicated that it does not oppose the defense’s request, noting that some of the witnesses are state witnesses and are available to testify.
The defense’s objective is to clarify these constitutional issues before the trial commences, with the High Court scheduled to start hearings on the application. On October 29, High Court Judge Justice Pisirayi Kwenda adjourned the case until November 11 to allow the defense time to prepare summaries of the anticipated testimony from each witness.
Mpofu and Chimombe have claimed that Reza’s actions led to the revocation of their bail after the prosecution initially agreed to it.
The State had stipulated conditions requiring them to submit title deeds, surrender their passports, and pay a US$1,000 bail each.
During cross-examination, the accused struggled to establish a connection between Chivayo and the goat fraud case, acknowledging that while he had no direct involvement, they attempted to link him to another unrelated tender.
The two businessmen are charged with defrauding the government through a fraudulent tender linked to the Ministry of Lands, Agriculture, Fisheries, Water, and Rural Development.
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Their attorneys contend that external influences are affecting the prosecution and argue that the charges amount to unlawful imprisonment stemming from unmet contractual obligations.
Justice Kwenda is set to examine the constitutional issues raised, which will influence whether the trial proceeds or is referred to the Constitutional Court.