Zimbabwe businessmen claim ‘external forces’ behind prosecution

October 3, 2024
Moses Mpofu Mike Chimombe 1 e1721184237136
Moses Mpofu Mike Chimombe 1 e1721184237136

Two jailed Zimbabwean businessmen have alleged that “external forces” are behind their prosecution, which has seen them remain in custody for months.

Moses Mpofu and Mike Chimombe made these claims as their trial began at the High Court in Harare on Wednesday. The proceedings were marked by tensions between the defence and Justice Pisirayi Kwenda, who is presiding over the case.

Mr Mpofu’s lawyer, Tapson Dzvetero, attempted to amend his client’s defence to include constitutional matters. This led to a heated exchange, with Justice Kwenda reminding the lawyer that he was in charge of the proceedings.

Mr Mpofu is seeking to have the matter referred to the Constitutional Court. He wishes to challenge the Magistrates Court’s decisions regarding his liberty and bail, and whether the charges violate his right not to be imprisoned for failing to fulfil a contractual obligation.

In a surprising twist, Mr Mpofu suggested that his prosecution is linked to the leak of controversial voice messages from businessman Wicknell Chivayo. These messages allegedly implicated President Emmerson Mnangagwa in questionable business dealings, including payments for election materials.

Mr Mpofu wants the Constitutional Court to determine if his “selective prosecution” violates his right to equal protection under the law.

Both defendants deny the charges against them. Mr Mpofu claims he never made misrepresentations to the Ministry of Lands, Agriculture, Water, Fisheries and Rural Development. Mr Chimombe says he had no involvement with Black Deck, the company at the centre of the allegations.

Defence lawyer Lovemore Madhuku raised concerns about the composition of the court, particularly the age of the assessors. He argued that the mandatory retirement age of 70 for judges should also apply to assessors.

The court is expected to address these constitutional issues in the coming days before deciding whether to proceed with the trial or refer the matter to the Constitutional Court.