Supreme Court Grants Limited Appeal for Mpofu and Chimombe, Upholds Prison Sentences

By Staff Reporter


Convicted businessmen Moses Mpofu and Mike Chimombe have secured a partial legal victory after the Supreme Court granted them permission to appeal only on specific points of law while rejecting their bid to challenge their prison sentences.

The ruling means the pair can argue that legal errors may have occurred during their trial, but they cannot contest the High Court's findings on the evidence or seek a review of the length of their jail terms.

Justice Antonia Chiweshe delivered the judgment following their convictions for fraud linked to the Presidential Goat Pass-on Scheme. Mpofu is serving an effective 15-year prison sentence, while Chimombe is serving an effective 12-year sentence.

### Limited Grounds for Appeal

The Supreme Court ruled that Mpofu may appeal on three legal questions, while Chimombe was granted leave to appeal on one point of law.

In the judgment, Justice Chiweshe stated:

“The applicants are granted leave to appeal to the Supreme Court against his conviction on any ground of appeal which involves a question of law alone.”

The court emphasized that the appeal is strictly limited to legal issues. It will not revisit the evidence presented during the trial or reconsider the High Court's factual findings.

Justice Chiweshe also noted that the remaining grounds raised by the applicants were based on factual disputes and did not demonstrate reasonable prospects of success.

Bid to Challenge Sentences Rejected

The Supreme Court dismissed both applications seeking leave to appeal against their prison sentences.

Justice Chiweshe ruled:

“The application for leave to appeal against sentence be and is hereby dismissed.”

As a result, the effective prison terms of 15 years for Mpofu and 12 years for Chimombe remain unchanged.

What the Ruling Means

The Supreme Court has not overturned the convictions or reduced the sentences imposed on the two businessmen.

Instead, it has allowed them to pursue a narrowly defined appeal focusing solely on whether the law was correctly applied during their trial. The court will not reassess witness credibility, review the evidence, or determine whether the prosecution proved its case, as those are matters of fact already decided by the High Court.

What Happens Next?

The Supreme Court will now hear only the approved legal arguments before reaching a final decision. Possible outcomes include:

* Dismissing the appeal, leaving both the convictions and prison sentences intact.
* Overturning the convictions if it finds that the law was incorrectly applied.
* Ordering a retrial if it determines that a legal error compromised the fairness of the original proceedings.
* Granting any other appropriate legal remedy based on the legal issues before the court.

Until that appeal is determined, both Mpofu and Chimombe will continue serving their respective prison sentences.