The National Prosecuting Authority (NPA) has declared its opposition to a High Court application made by imprisoned businessmen Mike Chimombe and Moses Mpofu, who are seeking to have their US$7 million fraud case referred to the Constitutional Court of Zimbabwe (ConCourt). The NPA argues that the case lacks substantive grounds and claims of rights violations are without merit.
NPA’s Stance on the High Court Application
NPA prosecutor Whisper Mabhaudhi dismissed the application, stating,
“The referral application to the Constitutional Court holds no merit.”
The NPA believes that Chimombe and Mpofu have not provided sufficient constitutional grounds to justify a referral under Section 175(4) of the Zimbabwean Constitution. They described the claims brought forward by the two businessmen held no weight.
Chimombe and Mpofu are accused of involvement in a US$7 million fraud case stemming from the failure of a presidential goat farming initiative. In a court filing dated October 9, the businessmen argued that their right to a fair trial had been compromised.
Their concerns focus on the composition of the judicial panel overseeing their case, particularly highlighting that two assessors, alongside Justice Pisirayi Kwenda, are over 70 years old. According to Chimombe and Mpofu, this violates Section 186(5) of the Zimbabwean Constitution, which mandates the retirement of High Court judges at 70.
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However, it is worth noting that the retirement age for judges in Zimbabwe has been revised upwards to 75 years. Additionally, the defendants alleged that one of the assessors in their case had been replaced without proper consultation, further undermining the integrity of the trial proceedings.
Concerns Over Fairness and Trial Proceedings
Chimombe and Mpofu also criticized several decisions made during their trial. Notably, they objected to the fact that the judge presiding over the case permitted the media to livestream the court proceedings without informing the defendants or allowing them to participate in the application process regarding the media’s involvement.
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The NPA responded to these grievances in its notice of opposition, asserting, “The applicants have not established that any constitutional issues emerged during the ongoing trial that would necessitate referral to the Constitutional Court.”
Allegations of External Interference
Chimombe and Mpofu further allege that their case has been subject to outside influence, particularly by the Zimbabwe Anti-Corruption Commission (ZACC) and their former business partner, Wicknell Chivayo. They claim that ZACC chairperson Michael Reza improperly influenced the legal processes surrounding their bail applications and the progression of the trial itself.-hRARE
