The High Court has rejected an application by Mike Chimombe and Moses Mpofu seeking to refer their case to the Constitutional Court, labeling their claims as “frivolous and vexatious.”
The two individuals are facing serious charges of fraud for allegedly misappropriating US$7.7 million from the Presidential Goat Pass-On Scheme. They raised objections regarding their arrest, detention, and pre-trial processes, arguing that these matters required constitutional scrutiny.
Despite their efforts to halt the trial and request a referral, which had delayed proceedings originally set to begin in early October, Justice Pisirayi Kwenda dismissed the application, allowing the trial to move forward.
“The application for referral to the Constitutional Court is deemed frivolous and vexatious; thus, it is dismissed,” Justice Kwenda ruled.
As a result of this dismissal, the trial has been rescheduled to commence again on February 10 of the following year. Meanwhile, the defense team is preparing to file a direct application to the Constitutional Court.
“Our clients respectfully believe the court’s decision is erroneous and disagree with its findings,” stated Advocate Tapson Dzvetero, representing Mpofu. “They have instructed us to pursue this matter with the Constitutional Court.”
The prosecution opposed the referral, asserting that the application lacked legal foundation and was merely serving to delay the trial. The central issue at hand was whether the trial should be paused while the Constitutional Court reviewed the referral request. Chimombe and Mpofu claimed their constitutional rights had been violated, justifying the need for intervention from the higher court.
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