The High Court has acquitted Harare businessman Wicknell
Chivayo of any criminal liability in the alleged US$5.6 million fraud and
violation of the exchange control charges.
Harare High Court judge Justice
Ephraim Tagu has upheld an application for exception to the $5.6 million
fraud charges against the Intratek Zimbabwe Director. In his 21-page ruling,
Justice Tagu held that the judgement of Harare Magistrate Lazini Ncube given on
19 January 2018 dismissing Chivayo’s application for exception to the charges
of fraud was faulty as the facts could not sustain a criminal suit.
He
proceeded to dismiss the state case for lack of merit and upheld Chivayo’s
application for exception, quashed the charges and acquitted both Chivayo and
his company.
Advocate Lewis
Uriri said the findings of the court had been in sync with their argument that
the matter was purely a contractual one which should not be turned criminal as
all contractual disputes are dealt with in civil proceedings.
Chivayo said he
was apologetic for the inordinate delay in the 100 megawatt solar generation
project necessitated by the legal battle and also said Intratek Zimbabwe will
now proceed to work on the project immediately.
The Gwanda Solar Power Project
deal generated a lot of public emotions with the disbanded Parliamentary
Portfolio Committee on Mines and Energy breathing fire on the alleged violation
of good corporate governance practice, tender manipulation, corruption and
fraud. The ruling of the High Court puts a lid on all criminal proceedings at
the Harare Magistrates Court over the Gwanda Solar Power Project deal. zbc
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