daniel chigunwe
Fidelis Munyoro
Chief Court Reporter
THE legal battle of embattled business partners Moses Mpofu and Mike Chimombe took another turn as the High Court dismissed their bid for bail pending trial.
The two stand accused of defrauding the Harare City Council of US$260 000 advance payment for the US$9 million allegedly fraudulent contract for streetlights.
This latest ruling significantly dims their prospects of temporary liberty, barring any material change in circumstances that might justify such relief.
Justice Benjamin Chikowero, presiding over the matter, delivered a terse ruling that left no room for ambiguity: “The appeal for bail is dismissed. Reasons to follow in due course.”
The absence of detailed reasons for the dismissal has left Mpofu and Chimombe’s legal team in suspense.
Advocate Tapson Dzvetero, representing Mpofu, told journalists outside the High Court: “Our appeal has been thrown out. The judge did not give reasons, saying they will be made available in due course. We are now awaiting the judgment to determine our next course of action.”
The allegations stem from the Harare City Council’s streetlight rehabilitation initiated in January last year. The council’s tender for the work solicited bids from 11 companies, including Mpofu’s Juluka Endo Joint Venture (Pvt) Ltd and the winning tenderers were granted partial contracts, with Juluka Endo included.
However, the State contends that Mpofu’s company failed to meet the tender requirements, which included providing stamped audited financial statements for the last two years and proof of payment for the special procurement oversight committee and the administration fees.
Despite these deficiencies, council officials allegedly permitted Mpofu to resubmit his bid, during which he is accused of submitting falsified documents.
According to the prosecution, Mpofu misrepresented his company’s compliance with regulatory requirements by submitting a bid security from March 26 that had been used in a prior unsuccessful tender.
Further, Mpofu allegedly provided fraudulent audit documents purportedly issued by three consultancy firms that the Zimbabwe Anti-Corruption Commission (ZACC) later discovered were not registered entities.
The State’s case asserts that these misrepresentations led to Mpofu’s company being unlawfully awarded the lucrative contract.
Chimombe, for his part, is accused of signing the contract as a witness, thereby implicating himself in the alleged fraud. The prosecution states that the two subsequently received an advance payment of US$260 000 from the City of Harare.
The dismissal of their bail appeal leaves Mpofu and Chimombe in a precarious position as they await trial. The ruling underscores the seriousness of the allegations against them, particularly given the substantial financial and public interest at stake.
The case has also drawn attention to broader issues of procurement integrity and the role of oversight mechanisms in safeguarding public funds.
For now, the legal team representing Mpofu and Chimombe must await Justice Chikowero’s written reasons before charting their next move.
Whether they will pursue further legal remedies or seek to challenge the State’s evidence remains to be seen.
However, with the weight of the allegations and the court’s stern stance, their path to freedom appears fraught with significant challenges.
