High Court Dismisses Chimombe and Mpofu’s Bid for Constitutional Court Referral

The High Court has firmly rejected the application by Mike Chimombe and Moses Mpofu to have their fraud case referred to the Constitutional Court.

The two stand accused of siphoning US$7.7 million from the Presidential Goat Pass-On Scheme, a scheme meant to benefit vulnerable communities.

Their defense team argued their arrest and detention were unconstitutional, alleging irregularities in the process. They questioned the role of a Zimbabwe Anti-Corruption Commission official, Michael Reza, in denying them bail.

One of their objections centered on the age of court assessors. The defense claimed advanced age could compromise the fairness of the trial.

Lovemore Madhuku, representing the duo, highlighted that High Court judges are mandated to retire at 70. Yet, the assessors assisting Justice Pisirayi Kwenda exceeded that threshold.

Justice Kwenda dismissed these claims, terming them “ageism.” He emphasized that no evidence supported the assertion that age compromised the assessors’ competence.

The court noted that the defense failed to provide scientific proof or research backing their allegations about the assessors’ capability.

Justice Kwenda criticized the duo for attempting to block the trial under weak pretenses, stating their actions aimed to frustrate the legal process.

He further remarked on their bail-related grievances, saying they had ample opportunities to challenge these matters but failed to do so in time.

Timing, the judge stressed, was critical in such legal arguments. He labeled the objections as “frivolous and vexatious.”

The High Court maintained that the issues raised had no bearing on the current stage of proceedings and could not alter past decisions.

Justice Kwenda reiterated that discrimination against older individuals held no merit in this case, highlighting the lack of a factual basis for the claim.

The trial will now proceed, with the next court session scheduled for February 10, 2025. It will follow a continuous roll until the matter is resolved.