Businessman Wicknell Chivayo, who is accused of bribing
former Zimbabwe Power Company (ZPC) chairperson Stanley Kazhanje, yesterday
challenged the State to prove that he was favoured to win the multi-million
dollar Gwanda solar project.
Chivayo, represented by Advocate Lewis Uriri, appeared
before magistrate Trynos Utawashe.
“What specific decision … (was) made by the ZPC board in
favour of the accused? When is it alleged that such decision was made? How is
it alleged such decisions were made? And minutes and resolutions of all
relevant ZPC board meetings are requested,” Uriri said.
“The State is refusing to furnish us with further
particulars. The State must say this is a board resolution that Kazhanje made
as the chairman to favour the accused person. Section 71(b) of the Constitution
of Zimbabwe states that the accused must be informed of the offence he is being
charged on before answering to those charges.”
Uriri added that a confirmation is required that the tender
was awarded by the then State Procurement Board and that the tender process was
adjudicated upon by
the then State Procurement Board.
Chivayo’s lawyer further told the court that the State is
alleging that ZPC cancelled or intended to cancel the contract and if so, he
requested copies of all
relevant minutes, resolutions and correspondences.
Kazhanje’s lawyer Advocate Silvester Hashiti also requested
the same documents, saying they need them early so as to prepare for the trial.
But for the State, Brian Vito responded that the furnishing
of further particulars was not their obligations and the accused must source
the documents of their
choice to defend themselves in the trial.
Magistrate Utawashe postponed the matter to July 18 for the
ruling. Newsday
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