The Anti-Corruption Special Unit (ACSU) is breathing fire
over the acquittal of businessman Mr Wicknell Chivayo in the $5,6 million fraud
charge involving Zimbabwe Power Company (ZPC)’s Gwanda solar project and had by
close of business yesterday commenced processes to note an appeal.
Mr Chivayo and his company, Intratrek, were absolved of any
criminal liability.
The businessman won his case after the High Court upheld
his application for exception to the fraud charges following his application
for review of the trial court’s decision in November last year.
ACSU head Mr Tabani Mpofu told The Herald yesterday that
the decision of the High Court to curtail the proceedings against Mr Chivayo
under the circumstances of the case taking into account the relief sought by
the accused and the stage it has reached, is unprecedented.
“To that end, the State has already commenced the process
to note an appeal against the decision of the High Court with the view to
lodging the relevant papers before end of business today (yesterday),” he said.
Chivayo’s trial opened last month, with the first State
witness Mr Hubert Chiwara giving implicatory evidence against the businessman.
The trial was set to continue on March 28. Mr Mpofu said the State had not been granted the
opportunity to lead evidence in the case against Mr Chivayo and was now seeking
the intervention of a higher court to rectify this situation.
“For the avoidance of doubt, the State has collected
unassailable evidence against Wicknell Chivayo in both the current case in
question and the case of bribery involving the then chairman of ZPC,” he said.
“The State’s position against Chivayo was vindicated by
Justice Musakwa of the High Court who found in December that Chivayo had a to
answer in the same case he obtained the latest relief.
“It is the duty of the State, not only to protect public
funds from the abuse that was occasioned in this instance, but to ensure that
those involved in cases of misuse of public funds are fully prosecuted in the
courts.”
Granting Chivayo’s application for review, Justice Owen
Tagu ruled that it was unconstitutional to resolve a civil dispute through the
criminal justice system.
“This constitutional provision establishes constitutional
protection upon the doctrine of sanctity of contracts, which the accused
persons also enjoy,” he said.
“No criminal sanction is capable of execution when it is in
violation of the Constitution. “The perpetuation of this criminal case is inherently null
and void to the extent that it is ultra vires the supreme law of the land.”
Advocate Uriri instructed by Mr Wilson Manase represented
Mr Chivayo and his company while Ms Sharon Fero appeared for State and the
trial magistrate. Herald
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