Mpofu sentenced to 22 years, Chimombe 17 years for US$7 million fraud
Business partners Moses Mpofu and Mike Chimombe were on Monday sentenced to 22 years and 17 years in prison respectively following their conviction for defrauding the government of US$7.3 million in a failed goats tender scheme.
Mpofu will serve an effective 15 years after three years were suspended for good behaviour and four years on condition of restitution. Chimombe will serve 12 years effective, after three years were suspended for good behaviour and two years on condition of restitution.
The sentences were handed down by High Court judge Justice Pisirayi Kwenda, who last month convicted the pair after a lengthy trial during which they denied any wrongdoing.
Kwenda ruled that the two acted as co-perpetrators, dismissing Chimombe’s claim that he played only a minor role.
In passing sentence, Kwenda said the evidence established Chimombe’s “participation and association with the fictitious company.”
“The inference we draw from that is that he was intending to advance his personal interests,” Kwenda said, adding that Chimombe was equally criminally liable.
He said the pair never accounted for the funds, which were not documented or supported by exhibits showing how the money was used.
The judge explained that the law allows a fraud offender to pay a fine not exceeding level 14 or face imprisonment.
“In other words, it is possible for any person convicted of fraud to pay a fine which is two times his share of the crime proceeds, or imprisonment not exceeding 35 years,” he said.
Kwenda emphasised the need to maintain public confidence in the justice system, noting that sentencing guidelines, although not rigid, require courts to give reasons for any deviation.
He found that the offence was committed under aggravating circumstances: the funds were not recovered, public trust was breached, and public money was involved.
“When there are aggravating circumstances, the law provides for a presumptive penalty of 20 years,” he said.
Although mitigating factors could reduce the penalty, Kwenda said the matter remained severe.
“The prejudice was about US$26 million… Treasury only managed to pay ZW$1.6 billion — US$7.7 million. The potential prejudice was high and the actual was also high… There was no voluntary reimbursement,” he said. “Therefore, the presumptive penalty to start from is imprisonment for 20 years.”
Turning to Mpofu, the judge said he failed to account for the funds despite inconsistencies in his explanation.
“The first accused conceded that public funds were involved and fraudulent documents had been used… and apologised to Mnangagwa and the public at large… He should be given credit for apologising and will benefit from apologising to the President and the nation,” Kwenda said.
Regarding Chimombe’s mitigation, Kwenda acknowledged submissions that he was unlikely to reoffend, had been in custody since June 2024, had risen “from rags to riches,” did not premeditate the offence, and suffers from a chronic illness requiring medication.
However, Kwenda said treatment for hypertension is available locally and rejected Chimombe’s attempt to minimise his role.
“He was clearly in charge. His involvement was aggravatory,” the judge said.
Although he accepted that surrendering to ZACC was a mitigating factor, Kwenda dismissed Professor Lovemore Madhuku’s argument that ministry officials were partly to blame.
“Why blame ministry officials when this crime was so sophisticated… That’s how confusing Blackdeck operations were,” he said.
The judge agreed with the State that imposing a fine or non-custodial sentence would trivialise the offence, stressing that rehabilitation, deterrence and public expectations were central to sentencing.
“Like-minded people should be deterred… The State was at pains because they deprived the poorest of the poor, which is aggravatory,” he said.
Kwenda said only the differences in their personal circumstances justified imposing different sentences, noting that Chimombe presented a more sincere and coherent mitigation.
Mpofu’s aggravating factors, he said, outweighed his mitigation.
“With Mpofu we will go beyond the presumptive sentence of 20 years because aggravating factors outweigh the mitigatory factors,” the judge ruled, adding that he also considered time spent in custody, although it was “self-inflicted incarceration.”
He then imposed the following sentences:
Mpofu: 22 years, with three years suspended for five years on condition of good behaviour and four years suspended on condition of restitution, 15 years effective.
Chimombe: 17 years, with three years suspended for good behaviour and two years suspended on condition of restitution (US$964,024), 12 years effective.