Crimes and Courts Correspondent
Embattled business partners Moses Mpofu and Mike Chimombe have filed an application with the High Court’s Criminal Division to have their case referred to the Constitutional Court.
Through their lawyers, Advocate Tapson Dzvetero and Ashiel Mugiya, they’ve raised several concerns regarding their arrest, incarceration, and trial proceedings.
Mpofu and Chimombe have pleaded innocent before High Court Judge Pisirayi Kwenda, but they’re unhappy with the composition of the court. Specifically, they object to the assessors sitting with Kwenda being above 70 years old. They also take issue with Kwenda’s decision to allow live-streaming of their trial without consulting them or the State.
According to their lawyers, “Both the current assessors… are above 70 years of age.” Moreover, “One of the Honourable Assessors… was replaced on the second day without involving the accused or their legal practitioners.”
The lawyers question the legitimacy of this replacement, as well as the live-streaming decision made “in the absence of the accused persons and to the exclusion of the state”.
The Zimbabwe Anti-Corruption Commission (ZACC) has been investigating Mpofu and Chimombe since June 2024, focusing on alleged money laundering and abuse of office related to a contractual dispute with a South African company, REN-form, and the Presidential Goats Scheme.
Key Concerns:
- Age of Assessors: Mpofu and Chimombe object to assessors being above 70 years old.
- Live-Streaming: Kwenda allowed live-streaming without consulting the accused or the State.
- Replacement of Assessor: Unilateral replacement of an assessor without notice or consultation.
- Lack of Transparency: Unclear who requested live-streaming and why.
The referral request seeks to address these concerns and ensure a fair trial.
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