Nhau News Online News that is accurate, reliable, trustworthy!!
A Harare magistrate, Monday cleared businessman, Wicknell Chivayo and his company, Intratrek Zimbabwe of any wrong doing after being hauled to court by the Zimbabwe Power Company (ZPC) on allegations of defrauding it of US$5.6 million centred around the controversial Gwanda Solar project.
Passing judgment, regional magistrate Lazini Ncube said there was no evidence to convict Chivayo and Intratrek on the three charges of fraud placed before the court.
“There can neither be reasonable suspicion nor probable cause on which accused persons can therefore be brought to court. There was no misrepresentation, prejudice nor fraud establishing any criminal charge against them.
“The criminal charges preferred against the accused persons are expiable as they do not disclose any criminal act that warrants the adjudication of our criminal justice system. The cause of action arises from a contractual arrangement between accused persons and ZPC, which arrangement provides for all the applicable remedies in the event of breach, whether actual or perceived,” he said.
Chivhayo was being represented by Advocates Lewis Uriri and Sylvester Hashiti.
After the ruling, Hashiti said:
“…as far as we are concerned, our client is free to discharge the obligations he entered into with ZPC. What this effectively means is that, there is a valid contractual relationship between Intratek and ZPC, which contract is going to be fully implemented for the benefit of the country at large,” he said. Nhau/Indaba
