ZANU PF-LINKED businesspersons Mike Chimombe and Moses Mpofu have challenged the presence of “old” High Court assessors at hearing of case of alleged fraud involving US$7,7 million under the presidential goat scheme.
They argued that assessors beyond 70 years of age are not constitutionally allowed to sit in their trial.
The duo is being represented by Tapson Dzvetero and Lovemeore Madhuku under instruction from Ashiel Mugiya.
They appeared before High Court Judge Justice Pisirayi Kwenda who remanded the matter to October 22 for continuation of trial.
Madhuku and Dzvetero challenged the two High Court assessors who are assisting Justice Kwenda to disclose their ages as the law stipilates that a judge presiding over a criminal trial should be below 70 years of age.
The lawyers told the court that they will file a court application for referral of their case to the Constitutional Court for it to answer questions pertaining to the ages of the assessors.
After the State, represented by Whisper Mabhaudhi and Lovet Masuku, suggested that they file a written application, Madhuku said they would file the application by October 8.
Mabhaudhi said he would respond by October 15 and the court would convene on October 22 for oral submissions.
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“The accused will submit their application for referral to the Constitutional Court by Tuesday October 8, the State will file its notice of opposition on Monday October 14, 2024. Parties will, therefore, appear before this court on the 22nd for argument of this case,” Justice Kwenda said.
The two are accused of misappropriating US$7,7 million from the Presidential Goat Scheme.
Chimombe and Mpofu allegedly forged tax and compliance certificates to secure a tender to supply goats while misrepresenting their company’s compliance status.
