THE fraud case of Harare businessmen, Mike Chimombe and Moses Mpofu may spill to the Constitutional Court after the defence raised constitutional issues.
This comes after Chimombe and Mpofu through their legal representatives raised constitutional issues during their appearance at the High Court in Harare this Wednesday.
Among the issues raised is the use of court assessors who are over the age of 70, which they say is contrary to the law.
The defence said the court needs to address issues raised by their clients before the trial commences.
The duo also claimed that the State has not yet exhausted all remedies available to it in terms of the contract and there is no prejudice which the state has suffered or stands to suffer.
The duo was arrested in June this year by officers from the Zimbabwe Anti-Corruption Commission (ZACC) on allegations of fraud.
Circumstances are that Chimombe and Mpofu allegedly forged a Zimbabwe Revenue Authority (ZIMRA) tax clearance certificate and a NSSA compliance certificate in the name of Blackdeck Private Limited and attached them in a bidding document which they submitted to the Ministry of Lands, Agriculture, Water, Fisheries and Rural Development for a tender for the supply and delivery of goats for the Presidential Goat Pass-on Scheme.
It is also alleged that acting on the misrepresentation in November 2021, the Ministry of Agriculture, Water, Fisheries and Rural Development
entered into a contract agreement with Blackdeck Livestock and Poultry Farming for the supply and delivery of more than 6000 goats for the Presidential Goats Pass-on Scheme but failed to deliver.
Meanwhile, the court proceedings will go ahead at the High Court this Thursday.
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