HARARE, Aug.5 (NewsDay Live) - Convicted businessmen Moses Mpofu and Mike Chimombe have suffered another setback in their bid to overturn their convictions and lengthy prison sentences, after the Supreme Court dismissed their applications for leave to appeal on several grounds.
Justice George Chiweshe, sitting on the Supreme Court bench, ruled that the duo's grounds for challenging the findings of the High Court on questions of fact or mixed questions of law and fact lacked merit.
The two businessmen had separately approached the Supreme Court seeking leave to appeal against both their convictions and sentences, in terms of section 44(2) of the High Court Act, as read with Rule 27 of the Supreme Court Rules, 2025.
However, the Supreme Court distinguished grounds based on facts and those raising purely legal questions.
“In both applications, the grounds attacking the findings of the court a quo on questions of fact or of mixed law and fact have no merit,” the judgment states.
The court, however, noted that both Mpofu and Chimombe had raised some grounds involving pure questions of law, for which leave to appeal was not required.
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“By operation of law, no leave is required to appeal on the basis of such grounds of appeal,” the court ruled.
Mpofu and Chimombe were convicted after a full trial of fraud as defined under section 136 of the Criminal Law (Codification and Reform) Act.
The High Court found both men guilty of abusing the Presidential Goat Scheme.
Mpofu was sentenced to 22 years in prison, with three years suspended for five years on condition that he did not commit another offence involving dishonesty during that period.
A further four years were suspended on condition that he paid US$2 060 250.60 restitution to the fiscus through the Registrar of the High Court by February 28, 2026.
This left Mpofu with an effective 15-year prison term.
Chimombe, meanwhile, was sentenced to 17 years' imprisonment, with three years suspended for five years on condition that he did not commit another offence involving dishonesty.
A further two years were suspended on condition that he paid US$964 064.64 restitution to the fiscus by February 28, 2026.
His effective prison term was, therefore, reduced to 12 years.