Judge slams duo for Chivayo ‘slander’

MOSES MATENGA

The High Court has dismissed an application for referral to the Constitutional Court the fraud case of businessmen Mike Chimombe and Moses Mpofu saying the application, based on all issues raised, was frivolous and vexatious.

Chimombe and Mpofu allegedly pocketed over US$7 million after forging documents from the Zimbabwe Revenue Authority and the National Social Security Authority to secure a deal to supply goats under the Presidential Goat scheme.

In his ruling, High Court Judge Justice Pisirayi Kwenda dismissed all cases mentioned in the application including that of Wicknel Chivayo who the two wanted to testify in a case he is not involved in describing the whole application as frivolous, vexatious and malicious.

“The accused persons, although complaining about this case (the ZEC tender) did not indicate whether they had been arrested for that case or whether Chivayo had been arrested for that case. The accused persons, according to the state, wanted to take the opportunity of application for referral to maliciously soil Chivayo as there was no explanation for the involvement of Chivayo in these proceedings which did not concern him,” Kwenda said.

He described as not factual claims that some charges were “cherry-picked charges which are not instigated in a quest for justice.”

Kwenda said there was a misdirection that the accused persons were being targeted for punishment by individuals unamused by them leaking audios, videos and pictures of Chivayo relating to the Zimbabwe Electoral Commission (ZEC) where the maverick businessman is heard talking about a tender and bribing of some unnamed officials.

“The word cherry-picked is not a fact. It is just their own assertion, bold assertion which cannot be a basis to raise a constitutional matter. No evidence was heard to show these charges are cherry-picked.”

The two, Mpofu and Chimombe, confirmed Chivayo was not part of the particular matter.

Kwenda bemoaned the use of big words by the defense meant to attack the Prosecutor General.

In quashing the application, the High Court also described the application to have assessors over 70 years removed from the case because they were bound to sleep in court proceedings, as ageism and mistreatment of old age.

He said claims lawyer for the accused persons, Lovemore Madhuku, were not scientific and based on any research.