By Staff Reporter
Incarcerated business partners, Moses Mpofu and Mike Chimombe, Tuesday told the High Court that unnamed government officials received a bulk of the money ex-con tenderpreneur Wicknell Chivayo got after he was awarded a US$40 million tender for the supply of election materials.
The duo claims they are now being persecuted for leaking audios exposing the Zimbabwe Electoral Commission (ZEC) tender rot. Mpofu and Chimombe were arrested in June and charged with defrauding the government in the Presidential Goat Scheme.
The two said they were disgruntled over how funds had been shared after winning a US$40 million tender for the supply of ballot papers for the 2023 harmonised elections.
They told the court that Chivayo informed them they would not be receiving a fair share as he had to “pay his people in government”.
While making an application for referral of their case to the Constitutional Court, the two told High Court judge, Justice Pisirayi Kwenda that they were working with Chivayo and a South African company, Ren-Form CC.
The two said they were in China when the audio went viral before it was reported that they were being summoned by the Zimbabwe anti-Corruption Commission (ZACC).
They added that ZACC chairperson Michael Reza told journalists that Chivayo was also being sought for interviews but to their surprise, he is yet to be summoned.
The duo said when they showed up to the ZACC offices they expected to be interviewed about the ZEC tender, as had been indicated, but were surprised when they were charged with fraud over the Presidential Goat Scheme.
“We thought we would discuss the ZEC issue but we were charged over the issue of goats.
“We have never been interviewed about the ZEC issue and that is why I am saying there is selective prosecution,” Chimombe said while being led by his lawyer Ashiel Mugiya.
Giving his evidence, Moses Mpofu said the same and that the bulk of the money from the tender deal was given to some government officials.
“When we had a meeting with Chivayo on the payment modalities, he told us that the money was not going to be shared equally, he said the bulk of the money was supposed to go to his people in government and we were not going to get a fair share,” he said.
Mpofu also told the court that he even reminded the investigating officer about the ZEC issue.
“I actually asked their investigating officer Henry Chapwanya about the ZEC issue because he was asking us about goats and he said that case was not under his purview,” he said.
The two further accused Reza of interfering with their case, resulting in them being denied bail yet there was initial consent.
“We were never detained and my understanding is that if a person is informed of the charges and surrenders himself to the police bail will be automatic,” he said.
The two said they saw Reza in the courtroom before their initial appearance.
“The coincidence does not sit well with me. He came and our bail was denied,” Mpofu said.
“When Reza came to the magistrates court he went to the National Prosecuting Authority (NPA) offices where he met the deputy director and told her that he was against the bail consent which was issued before court sitting.
“Our lawyers told us that they gave one of the consent forms to Reza and remained with one to use it as proof of his direct interference in this case,” added Mpofu.
Witness Mabhaudhi representing the State said the prosecutor general can alter bail considerations.
The case is ongoing.
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