The contentious exchange began when Dzvetero objected to the reading of the defence outline into the record, arguing that his client, Mpofu, was not receiving equal protection and benefit of the law. Dzvetero further applied to amend Mpofu’s defence outline, a move that was met with resistance from the bench. 

The lawyer also raised questions about the appointment of two assessors assisting Justice Kwenda, suggesting that they exceeded the required 70-year age limit for sitting High Court judges. This objection was particularly pertinent after one of the assessors was replaced due to ill-health on the day of the hearing.

Co-Accused Chimombe Joins the Fray

Mike Chimombe, Mpofu’s co-accused, through his lawyers Professor Lovemore Madhuku and Arshiel Mugiya, adopted a similar stance.

Chimombe’s legal team applied for a referral to the Constitutional Court, arguing that the court was not properly constituted due to the assessors’ appointments. This move was part of a broader claim that the appointment of the assessors violated their client’s Constitutional rights.

Judge Kwenda's Ruling and Reprimand

Justice Kwenda, keen to move the proceedings forward, overruled the protests and ordered both Mpofu and Chimombe to place their defence outlines on record. In a stern rebuke, Justice Kwenda reprimanded Dzvetero for interfering with the court’s orderly process. Despite the tensions, the judge maintained his composure and ensured the trial continued, albeit with a clear directive for the defence to comply with his orders.

Fraud Charges and Defence Arguments

Mpofu and Chimombe are facing fraud charges involving US$7.7 million. The State alleges that Blackdeck, a company associated with the duo, was contracted to supply 632,001 goats but only delivered 4,208 goats after receiving $1.6 billion, equivalent to US$7.7 million. Both defendants pleaded not guilty to the charges.

In their defence, Mpofu claimed he was being framed and denied any deception of the Ministry of Lands, Agriculture, Fisheries, Water and Rural Development. He argued that the matter was a civil dispute arising from a contractual issue and that he does not manage the day-to-day operations of Blackdeck (Pvt) Ltd. Similarly, Professor Lovemore Madhuku, representing Chimombe, denied his client’s involvement in the tender, stating that Millytake Enterprise, Chimombe’s company, was only contracted by Blackdeck to supply goats.

Next Steps in the Trial

The hearing was deferred to the next day, where Justice Kwenda will hear submissions to motivate the leave for referring the matter to the Constitutional Court. This development sets the stage for a potentially pivotal moment in the trial, as the Constitutional Court’s involvement could significantly impact the proceedings.

Tempers Flare Between Judge, Mpofu’s Lawyer in Heated Court Exchange

The heated exchanges between Judge Kwenda and Mpofu’s lawyer highlight the complexities and tensions inherent in high-stakes legal battles. As the trial progresses, it remains to be seen how these constitutional challenges will be resolved and what implications they may have on the broader justice system in Zimbabwe.

For now, the public and legal observers are left to ponder the fairness and integrity of the judicial process, especially in cases involving significant financial and public interest. The outcome of this trial will not only determine the fate of Mpofu and Chimombe but also shed light on the robustness of Zimbabwe’s legal framework in addressing allegations of fraud and ensuring justice is served.