NPA withdraws bid to forfeit Chimombe, Mpofu properties

Source: NPA withdraws bid to forfeit Chimombe, Mpofu properties -Newsday Zimbabwe THE National Prosecuting Authority has withdrawn a notice to court to forfeit properties belonging to jailed businessmen Mike Chimombe and Moses Mpofu. NPA said it would proceed with the pre-sentencing of the accused persons. In a notice published yesterday, NPA said it was withdrawing […]

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Source: NPA withdraws bid to forfeit Chimombe, Mpofu properties -Newsday Zimbabwe

THE National Prosecuting Authority has withdrawn a notice to court to forfeit properties belonging to jailed businessmen Mike Chimombe and Moses Mpofu.

NPA said it would proceed with the pre-sentencing of the accused persons.

In a notice published yesterday, NPA said it was withdrawing “the notice given on the 31st of October 2025 to make an application for forfeiture as provided for in section 50(1) as read with section 39(4) of the Money Laundering and Proceeds of Crime Act [Chapter 9:24].”

“Take further notice that on the 14th of November 2025, the State will be proceeding with the pre-sentencing procedures as provided for in Sl 146 of 2023, wherein the State has already filed its address in aggravation.”

The statement was signed by prosecutor Whisper Mabhaudzi.

Chimombe and Mpofu were convicted of fraud involving US$7 million.

The two have been languishing in jail for over one year following their arrest in June last year.

The two are awaiting sentencing.

While convicting them, Justice Kwenda said the first accused, Mpofu, “shot himself in the foot. He said all he did was in his capacity as a director and that he was directed to do so. So there was no further proof needed by the State.”

The judge said Chimombe argued that his case was “strange because the State closed its case without mentioning how he was involved in the misrepresentation.”

Kwenda said there was no basis for invoking the doctrine of association, as “no law was cited.”

Kwenda noted that Mpofu’s failure to call witnesses “affected his credibility and defence.”

“He knew these witnesses were important as he was being charged in his personal capacity. His decision not to call these witnesses was his own, except that one witness had died, which was not verified by production of evidence,” the judge said.

“Where a litigant threatens to call witnesses to confirm his defence and later abdicates, the usual inference is there was no intention to call that witness or that the witness, if called, would not confirm that defence.”

Kwenda dismissed Mpofu’s explanation that he changed his mind after realising he was being charged personally, describing it as “lame because he knew that from the beginning.”

“Mpofu must have been aware of his obligation. He submitted a bid that contained falsified information, so that confirms that he was liable. He should have called witnesses to confirm that he was not involved in the submission, but he did not do so.”

Kwenda said Chimombe denied that he had involvement much in this scheme.

“We were faced with a situation where we had a threatened case against his denial. We must resolve that factual dispute and that can be rectified by reference to the testimony of witnesses.”

“The witnesses John Basera and Nhundurwa said they would attend meetings together. We, therefore, found that he participated. We did not find his explanation convincing. If he said he attended meetings with Nhundurwa, that would have nothing to do with lobbying for an award for Blackdeck because it had already been awarded.”

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