Chivayo to start work on Gwanda solar project

Chivayo to start work on Gwanda solar project
Published: 23 March 2019 (199 Views)
Wicknell Chivayo is the victim of malicious prosecution, a High Court judge ruled on Friday as he threw out fraud charges against the Harare businessman involving $5,6 million.

Justice Owen Tagu said the criminal charges against Chivayo were a "high sounding nothing" because at the heart of the matter was a civil dispute which should have never been taken to a criminal court.

Chivayo was on trial at the Harare Magistrates Court over a long delayed solar power project in Gwanda, Matabeleland South. The Zimbabwe Power Company (ZPC) accused the businessman of defrauding it after it released $5,6 million for pre-commencement works on a $200 million tender to deliver 100 megawatts of electricity, money which it said quickly vanished into the businessman's many accounts without much work being carried out on site.

Chivayo faced charges of contravening sections of the Money Laundering and Proceeds of Crime Act and the Exchange Control Act.

His lawyer, Advocate Lewis Uriri, applied for an exception to the charges at the High Court after a magistrate declined to grant their application.

Justice Tagu, in a ruling made available on Friday, said the ZPC could have sued Chivayo for breach of contract in the civil court, if that was the case.

"The charges against the appellant as revealed by the facts are undoubtedly contrived and were properly excepted to. The relationship between the complaint and both applicants is contractual and therefore any remedy for a dispute arising therefrom should be civil and in terms of the contract," Justice Tagu said.

The case, "apart from being suggestive of a skirmish, a mere witch hunt and a fishing expedition, tells more of a hidden hand or mala fides intention in the institution of the criminal proceedings brought about by the State in the circumstances."

The judge noted that two other High Court judges had dealt with matters arising from Chivayo's trial in separate sittings and both took the view that the criminal case could not be sustained. This, he said, was no coincidence.

"Rather, it demonstrates the extent of common acceptance that the criminal case is at best a causa non grata, a high sounding nothing," the judge said in a 21-page judgment.

Chivayo, speaking after the ruling, apologised to the country for delays in the project, partly blaming the criminal proceedings.

Intratek Zimbabwe, his company which won the tender, will now proceed to work on the project in fulfilment of its contract with ZPC, he said.

- ZimLive

 0

You May Like These Videos

Comments

There are no comments.

Latest stories

List of Zimbabwean celebrities who became politicians

by Mandla Ndlovu | 22 April 2019 | 61 Views

NSSA pensioners are 'dying a little each day'

by Tondo | 22 April 2019 | 50 Views

The Gukurahundi Solution

by The Gukurahundi Solution | 22 April 2019 | 47 Views

Is there the biblical 'Lot's wife' among us?

by Tondorindo | 22 April 2019 | 46 Views

Just enjoying our Katuruturu as it is now Zituruturu

by MuHwisiry Chaiyeiye | 22 April 2019 | 43 Views

'Army now fed up with civilians' Jonathan Moyo says

by Mandla Ndlovu | 22 April 2019 | 68 Views

WATCH: Apostle Vutabwashe blasts Mnangagwa's government

by Mandla Ndlovu | 22 April 2019 | 110 Views

Analysts defend Tinashe Kachingwe

by Mandla Ndlovu | 22 April 2019 | 63 Views

'Corruption and cronyism worrying Mnangagwa' ZANU PF MP says

by Mandla Ndlovu | 22 April 2019 | 89 Views

ZANU PF launches 10 000 youths to fight for a mine?

by Mandla Ndlovu | 22 April 2019 | 97 Views

Cyclone Idai victims resist tent homes

by Staff reporter | 22 April 2019 | 67 Views

Price controls the only way to go, says Mutodi

by Staff reporter | 22 April 2019 | 61 Views

Chamisa faces VPs Dilemma

by Staff reporter | 22 April 2019 | 78 Views

Cyclone Idai donations 'looting' soldiers freed

by Staff reporter | 22 April 2019 | 58 Views

Churches taking anti-sanctions crusade to opposition parties

by Staff reporter | 22 April 2019 | 53 Views

Registrar of Deeds dragged to court

by Staff reporter | 22 April 2019 | 52 Views

Chamisa urged to back Mwonzora's bid

by Staff reporter | 22 April 2019 | 63 Views

Bosso, Dembare beaten again

by Staff reporter | 22 April 2019 | 62 Views

Minister fouls Mnangagwa's plans fouled by Owen Ncube

by Staff reporter | 22 April 2019 | 71 Views

Tsvangirai turning in his grave, says daughter

by Staff reporter | 22 April 2019 | 56 Views

Mnangagwa pleads with Diasporans

by Staff reporter | 22 April 2019 | 58 Views

Chamisa unveils Mwonzora, Mudzuri rescue plan

by Staff reporter | 22 April 2019 | 51 Views

11 dead in kombi, Honda fit head-on accident

by Staff reporter | 22 April 2019 | 64 Views

War vets slam bread price hike

by Staff reporter | 22 April 2019 | 111 Views

Charumbira calls for truce in boundary row

by Staff reporter | 22 April 2019 | 91 Views

Mnangagwa hopeful on economy

by Staff reporter | 22 April 2019 | 104 Views

Revolution is the great teacher

by Reason Wafawarova | 22 April 2019 | 84 Views

Econet raises RTGS$479 287 for Idai relief through EcoCash

by Staff reporter | 22 April 2019 | 73 Views

Chief Mvuthu's family in fresh wrangle

by Staff reporter | 22 April 2019 | 75 Views

'Mnangagwa to crack whip on errand businesses'

by Staff reporter | 22 April 2019 | 74 Views

Artisanal miner shot dead

by Staff reporter | 22 April 2019 | 78 Views

'Zimbabwe public finances in bad shape'

by Staff reporter | 22 April 2019 | 42 Views

It's time for South Africa to rethink the economy

by Tapiwa Gomo | 22 April 2019 | 69 Views

'Mnangagwa won't take Zimbabwe anywhere'

by Staff reporter | 22 April 2019 | 78 Views

Military rifle recovered from poachers

by Staff reporter | 22 April 2019 | 77 Views

MDC led council not going back on tariff increase

by Staff reporter | 22 April 2019 | 67 Views