HARARE – Business partners Moses Mpofu and Mike Chimombe were on Monday handed lengthy prison terms of 22 years and 17 years respectively after the High Court found them guilty of orchestrating a fraud that prejudiced the government of US$7.3 million in a tender to supply goats.

Justice Pisirayi Kwenda of the Harare High Court sentenced Mpofu to 22 years, from which eight years were conditionally suspended – three years on condition of good behaviour and four years if he pays restitution, leaving him with 15 years effective.

Chimombe received 17 years, with five suspended on similar conditions, giving him 12 years effective.

Chimombe will restitute $964,000 which the court directed should be paid by February 26, 2026.

The sentencing brought an end to a months-long trial during which the pair had denied all wrongdoing.

The judge, however, found that both men acted jointly in creating and using a fictitious company to win the contract and divert public funds. He said the evidence showed clear coordination between them, noting that “the offence was organised crime and they are co-perpetrators.”

Their lawyers said they would appeal both the convictions and sentences at the Supreme Court.

Professor Lovemore Madhuku, for Chimombe, said: “The Supreme Court was not put in place for nothing. I think this is one of the best cases to take to the Supreme Court.”

Mpofu and Chimombe were convicted of using forged documents to secure a tender to supply 632,001 goats under a government livestock pass-on scheme valued at US$87,757,16. The contract would be paid in three instalments, with the first to the tune of $26 million.

The tender was awarded to Blackdeck Private Limited, but prosecutors said an unregistered entity, Blackdeck Livestock and Poultry Farming, later signed contractual documents with the agriculture ministry.

On review, Blackdeck was found not to possess a valid tax clearance certificate for 2021 and that a QR code on an NSSA compliance certificate belonged to a different company, Skywalk Investments.

Following the award of the tender, the ministry of agriculture paid ZWL1.6 billion — equivalent to US$7,712,197 at the time — in two instalments in 2022.

By the end of 2022, however, only 4,208 goats, valued at $331,445, had been delivered.

Justice Kwenda said the two men conspired to mislead authorities, pointing to the shifting company identities. He described Blackdeck’s presentation as “so sophisticated… carefully thought… and confusing,” saying this eliminated any notion that ministry officials failed in their duties.

The court held that the offence carried strong aggravating factors: none of the money was recovered, public trust was abused, and the fraud targeted a government programme meant to uplift struggling communities.

Kwenda said the scheme deprived “the poorest of the poor,” making the crime particularly grave.

He noted that the potential loss, about $26 million including the full value of the contract, demonstrated the seriousness of the offence, adding that “the potential prejudice was high and the actual was also high.”

While Mpofu apologised late in the proceedings, acknowledging misuse of public funds, Kwenda remarked that “the apology came late but it is still an apology,” adding that the court had given him credit for expressing remorse.

Chimombe’s mitigation was viewed more favourably, with the judge noting that the businessman was “genuine” and “proper in his mitigation,” though he stressed that both men remained liable.

Nonetheless, the judge insisted that the gravity of the crime outweighed their mitigation. He ruled out a fine or community service, saying a lesser sentence would “trivialise the offence” and fail to deter similar crimes.

Kwenda said courts must reflect public expectations, warning that “there must be a shift towards imposing deterring sentences in cases of this nature.”

Although the two were treated as co-perpetrators for conviction, the court distinguished their penalties based on the weight of their mitigation and personal circumstances. Their voluntary surrender to the Zimbabwe Anti-Corruption Commission was also taken into account.

Ultimately, the judge said Mpofu’s role required a harsher response, explaining: “With Mpofu, we will go beyond the presumptive sentence of 20 years because aggravating factors outweigh the mitigatory factors.”

Mpofu and Chimombe are expected to begin serving their effective terms immediately.