Mpofu, Chimombe say they are being punished for Chivayo's leaked audios

Jailed businessmen Moses Mpofu and Mike Chimombe have alleged that external forces are influencing their prosecution, which has kept them behind bars for several months. The claims emerged as their trial commenced before High Court judge Justice Pisirayi Kwenda, marked by tensions between the judge and Mpofu's lawyer, Tapson Dzvetero, who sought to amend his client's defense outline to incorporate constitutional matters just before the trial began.

Judge Kwenda repeatedly reminded Dzvetero that he was in control of the proceedings, leading to a tense atmosphere in the courtroom. Mpofu denied the charges against him and expressed a desire to have the matter referred to the Constitutional Court. He intends to challenge the legality of the Magistrates Court's decision regarding his liberty and bail, arguing that it infringes upon his right to equal protection under the law.

The businessman claims that his prosecution is linked to his alleged leaking of controversial voice messages from businessman Wicknell Chivayo, who implicated President Emmerson Mnangagwa in dubious dealings, including substantial payments for the printing and delivery of voting materials for the previous year's elections.

Mpofu is pushing for a ruling from the Constitutional Court to determine whether his selective prosecution reflects a quest for justice or a personal vendetta. He argues that the charges against him, particularly regarding a failure to supply goats as per a contract with the Ministry of Lands, Agriculture, Water, Fisheries, and Rural Development, violate his rights under Section 49(2) of the Constitution, which prohibits imprisonment for inability to fulfill contractual obligations.

"I never made any misrepresentations to the ministry," Mpofu stated, asserting that he did not intend to deceive the Ministry in any of the tender documents. His lawyer reinforced this position, emphasizing that Mpofu had no intention to mislead or cause any harm to the Ministry.

Chimombe also maintained his innocence, asserting that he had no connection to the company Blackdeck, which is at the center of the charges. His lawyer, Ashiel Mugiya, pointed out the lack of evidence linking Chimombe to any wrongdoing, arguing that the doctrine of common purpose invoked by the state was inapplicable to the case.

"Chimombe was not present when the goats were supplied or when the contract was entered into," Mugiya stated, asserting that his client only attended a meeting at the Ministry after a dispute had arisen, acting in his capacity as Chairperson of the Economic Empowerment Group (EEG).

During the proceedings, Chimombe's legal representative, Lovemore Madhuku, expressed dissatisfaction with the composition of the bench, arguing that it should be reconsidered before the trial proceeds. He emphasized the importance of starting the trial correctly, citing constitutional provisions regarding the age of judges and assessors.

As the trial progresses, the court is expected to address the constitutional issues raised by the defendants before determining whether the trial should continue or be referred to the Constitutional Court. Witness Mabhaudhu is representing the State in the ongoing proceedings.