Harare magistrate Mr Lazini Ncube yesterday abided by a
High Court ruling when he abandoned the matter in which businessman Mr Wicknell
Chivayo was facing $5,6 million fraud charges. The fraud charges emanated from
a botched Zimbabwe Power Company (ZPC) solar project.
Mr Chivayo had approached the higher court challenging the
magistrates’ court decision to dismiss his application excepting to the charges
on the grounds that they did not disclose an offence.
The High Court then acquitted him. Mr Lazini said the High
Court decision was self-explanatory.
“Accordingly, the exception dismissed by this court was set
aside and both accused persons were found not guilty and acquitted of all the
counts,” he said. “This, therefore, means allegations are quashed and accused
persons are free.”
High Court judge Justice Owen Tagu last week granted Mr
Chivayo his application for exception to the fraud charges, a judgment that meant
trial could not continue at the magistrates’ courts.
Mr Chivayo was represented by his lawyer Advocate Sylvester
Hashiti, while Mr Clement Chimbari represented the State in yesterday’s
proceedings at the Harare Magistrates’ Court.
Adv Hashiti tendered the order from the High Court to Mr
Ncube, which disposed of the matter. Herald
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