The National Prosecuting Authority (NPA) of Zimbabwe has announced its intention to oppose an application filed by jailed businessmen Mike Chimombe and Moses Mpofu. The duo is seeking to have their US$7 million fraud case referred to the Constitutional Court, but the NPA argues that the application lacks merit and is based on unsubstantiated claims of rights violations during their trial.
In a notice of opposition signed by prosecutor Whisper Mabhaudhi, the NPA stated, “The application for referral to the Constitutional Court is devoid of any merit.” The authority contends that Chimombe and Mpofu have failed to establish any constitutional issues that would justify such a referral, labeling their claims as “frivolous and vexatious.”
Chimombe and Mpofu are facing serious allegations of fraud related to a failed presidential goat scheme, with charges amounting to US$7 million. In their application dated October 9, they assert that their right to a fair trial has been compromised, specifically pointing to concerns regarding the legitimacy of the judicial panel overseeing their case. They highlight that two assessors on the panel, along with Justice Pisirayi Kwenda, are over 70 years old, which they argue undermines the panel’s legitimacy based on Section 186(5) of the Constitution, which mandates that High Court judges retire at 70.
However, it is crucial to note that the age limit for judges has recently been raised to 75 years, which complicates their argument. Additionally, the businessmen allege that one of the assessors was replaced arbitrarily without consulting their legal team, further questioning the fairness of the proceedings. Their application also raises concerns about procedural irregularities during the trial, including a judge’s decision to allow media live streaming of court proceedings without the accused being informed or present during the application.
In its response, the NPA addressed these concerns, asserting that Chimombe and Mpofu have not demonstrated any substantial constitutional issues that would necessitate a referral to the Constitutional Court. The NPA maintains that the current legal processes are valid and should continue without interruption. Chimombe and Mpofu further allege that they have faced interference from the Zimbabwe Anti-Corruption Commission (ZACC) and their former business partner, Wicknell Chivayo. They claim that ZACC chairperson Michael Reza improperly influenced proceedings regarding their bail applications and trial.
The NPA has firmly requested the dismissal of the orders sought by the defendants, reinforcing its stance that the application lacks constitutional validity. As the legal battle progresses, the outcome could have significant ramifications not only for Chimombe and Mpofu but also for the broader landscape of legal accountability and corruption in Zimbabwe.
In other news – Baby Mama alleges Holy Ten is using sick son for Album cover exploitation
Chelsea Hlomayi, the mother of rapper Holy Ten’s first son, has publicly accused the artist and his wife, Kim, of exploiting their sick child for the cover of his latest album, *Proud Father*. Released on October 14, 2024, the album features a cover photo of Holy Ten with his two sons, Mufaro and Mukudzeyi Junior, taken during a trip to Skate World in Borrowdale, Harare.
While many fans and fellow musicians praised Holy Ten for being present in the lives of both sons despite their different mothers, Hlomayi took to Facebook to express her outrage. Read More
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