Controversial businessman Mr Wicknell Chivayo was yesterday
taken to task by the Portfolio Committee on Mines and Energy over the $5
million he received from the Zimbabwe Power Company for the Gwanda solar
project without the requisite bank guarantees.
A bank guarantee is given to secure advance payments made
for work that has not been done.Mr Chivayo was also grilled over the manner he
won the tender for the project in 2013.
Committee chairman Mr Temba Mliswa asked Mr Chivayo to
explain why there was a disparity on the amount he received from the $7 million
that was mentioned by ZPC Board chairman Mr Stanley Kazhanje.
“Just tell us how much you got and where the money went to.
We had ZPC here and they said they gave you $7 million. Just tell us how much
you got and we break it down,” Mr Mliswa said.
Mr Chivayo responded: “If ZPC say they gave me $7 million
then that is incorrect because the payments are clear they went into one bank
account and it is very clear that the amount is $5 million.
“The whole pre-commencement works are $7 million and there
is a balance of about $1,3 million to $1,4 million excluding value added tax
but what they paid is $5 million.”
He admitted that he had been paid by the company without
the bank guarantee and had sought assistance from former Minister of Energy and
Power Development Dr Samuel Undenge after suspended ZPC managing director Noah
Gwariro had refused to pay him the money without the guarantee.
Mr Chivayo was then requested to furnish the committee with
bank statements on the payments he had received so far.
On the awarding of the tender in 2013, Mr Mliswa asked Mr
Chivayo why he had sought recourse from former Minister Dzikamai Mavhaire when
there were laid down procedures to air any grievances when contesting a tender
award.
“To me this is where it is all starting from that you lost
the tender you went to the minister you said you are a son of the soil why
can’t you give me the tender yet there is a process which should be used when
in appealing if you are not happy and you said there is a court process and members
are still asking if there is process why didn’t you use that court process,” Mr
Mliswa asked.
Mr Chivayo said he approached the former minister since he
thought the award to the Chinese company was unfair given that he had brought
the idea for the solar project to Government. He said his company had also met
the technical and funding requirements of the project.
“I have mentioned that I went to the minister (Mr
Mavhaire), I wrote to the State Procurement Board chairperson (the late Mr
Charles Kuwaza). We went and saw him and explained to him and he understood and
he said I will go and see my principals because what you are saying makes a lot
sense. The deficit is 1 500MW what reason can we have of not awarding compliant
bidders if they are willing to match the price of the lowest bidder that we
awarded.”
The committee also accused Mr Chivayo of using his
proximity to the former First Family especially the former First Lady Grace
Mugabe to get the tender.
He refuted the allegation saying they were not involved in
his businesses.
Meanwhile, Mr Chivayo’s business partner Mr Youssef Ahmed’s
lawyer Bruce Tokwe told the committee that Mr Chivayo had ceded shareholding in
the company in 2014.
“I wish to highlight to you members that in 2014 Mr Chivayo
borrowed some money on the understanding that he would cede the rest of his
shareholding in Intratek which he did to a company called Intermureal
Investments,” Mr Tokwe said.
He added that Mr Chivayo was currently employed as the
managing director of the company.
“The issue of shareholdings is an internal issue for
Intratek. It is my word against his. He will say I ceded shares in 2014. But in
2015 when after signing the contract (with the Zimbabwe Power Company) for
Gwanda solar project Mr Youssef gave me my 50 percent back and I have evidence
to that effect where I have a share
certificate,” mr Chivayo said. “I am a 50 percent shareholder and I stand by
that.”
ZPC Acting Managing Director Mr Joshua Chirukutsi, who also
appeared before the committee, contradicted Mr Kazhanje saying Intratek had
been given $5,1 million including taxes not $7 million.
Mr Chirukutsi and his management were, however, ejected
from the meeting after failing to respond to a question on who had directed
them to pay Mr Chivayo without the bank guarantee.
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