Chivhayo, who is being charged together with former Zimbabwe
Power Company board chairman Stanley Kazhanje, who was last year convicted of
similar allegations, appeared before magistrate Ngoni Nduna.
In his defence, Chivhayo denied depositing US$10 000 into
Kazhanje’s bank account and said his company, Intratrek Zimbabwe, which is
being jointly charged with Chivhayo and Kazhanje, deposited the money.
“The accused persons both deny the charge. The accused
persons each deny every allegation of fact and conclusion of law in the outline
of the State Case and put the State to the proof thereof,” Chivhayo’s lawyer,
Advocate Lewis Uriri submitted.
“The second accused (Chivhayo) did not transfer US$10 000
into the account of Stanley Nyasha Kazhanje as alleged or at all. The first
accused (Intratrek Zimbabwe) did transfer the sum of US$10 000 into the account
of Stanley Nyasha Kazhanje.”
Chivhayo said the transfer was not for the purposes alleged
by the State, but was made at a time prior to Kazhanje’s appointment to the ZPC
board and for professional services rendered.
“The said Stanley Nyasha Kazhanje did not do anything to
show favour to Intratrek Zimbabwe nor was he induced in any manner w
hatsoever,
whether as alleged or at all. The accused will each pray that they be found not
guilty, discharged and acquitted,” Uriri submitted.
However, Kazhanje submitted that he had already been
convicted of the charges on similar allegations.
“The charges arise from a single transaction, namely
transactions between Kazhanje and Intratrek Zimbabwe prior to 2016. The
evidence necessary to prove the one is the same evidence that proves the
other,” Kazhanje’s lawyer submitted.
Kazhanje said there was nothing new to the charges. He said
the trial would constitute double jeopardy for him and was a violation of his
right not to be tried twice for the same set of facts and submitted that the
charges be dismissed.
Magistrate Nduna will deliver his ruling on Thursday next
week. Newsday
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