A HARARE magistrate yesterday deferred the sentencing of
former Zimbabwe Power Company (ZPC) board chair Stanley Kazhanje, who was
convicted of concealing a US$10 000 transaction he received from controversial
businessman Wicknell Chivayo’s Intratrek Zimbabwe.
Kazhanje, who was convicted after a full trial by senior
regional magistrate Hosea Mujaya, was awaiting his aggravation by State
prosecutor Brian Vito before sentencing.
However, Vito indicated that he wanted to call a witness,
who is also a former ZPC board member and current Zimbabwe Anti-Corruption
Commission, commissioner
Thandiwe Thando Mlobane.
Mujaya ruled that Kazhanje failed to submit evidence of
receipt of the money or the nature of work done by his company, Terminal
Engineering, at Intratrek Zimbabwe.
Mujaya said ZPC’s former corporate secretary, Saidi
Sangula, testified that Kazhanje had disclosed his interests at Intratrek.
He further ruled that even former Energy minister Dzikamai
Mavhaire, who Kazhanje claimed to have declared his dealings with Intratrek,
denied the claim.
But in his defence, Kazhanje had told the court that he
declared his previous dealing with Intratrek to Mavhaire, his deputy and then
permanent secretary.
“It is difficult for the court to believe that a man of his
stature would have confused the two. It is not clear if the accused person
directed the two politicians and the permanent secretary to relay his
declaration to the board. I equally wonder if the accused person forgot to tell
this court if he directed the three to relay his message to the board, “Mujaya said.
“This was a transaction between two established companies,
but no paper trail was produced in court. A receipt or invoice could have been
produced to prove
that the transaction was legit. His intention was to
deceive the board and whoever was his principal and is hereby found guilty.
The court heard that on October 23, 2015, Kazhanje signed
an engineering, procurement and construction contract of a 100 megawatt solar
panel station project
with Intratrek Zimbabwe, fronted by Chivayo.
Kazhanje failed to declare his interests. ZPC paid
Intratrek advanced payments of $1 236 154 for implementation of the project.
However, Intratrek did not fulfil its obligation and this
resulted in ZPC management suggesting termination of the contract.
On January 21, 2016, under unclear circumstances, Kazhanje
received US$10 000 into his First Capital Bank (Barclays Bank) personal account
from Intratrek’s CBZ
Bank account.
Kazhanje presided over a meeting in which it was resolved
that the power utility pays for services direct to Intratrek subcontractors,
instead of terminating the contract.
The court further heard that this resulted in ZPC paying $4
387 849 as advance payment despite that Intratrek had not fulfilled its
obligation. Kazhanje was influenced by this payment to decide in favour
of Intratrek.
According to the State, Kazhanje failed to declare any
interest upon his appointment as the chairperson of ZPC.
He also failed to recuse himself from ZPC meetings that
held deliberations on Intratrek. Newsday
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