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HARARE businessman Wicknell Chivayo and his company, Intratek Zimbabwe, were yesterday acquitted of defrauding the Zimbabwe Power Company of US$5 million.
Magistrate Lazini Ncube made the judgment mid-trial because the trial was halted in 2018, and never resumed, despite the State issuing summons indicating its interest in resumption.
However, it never kicked off.
The State kept saying it intended to consider a letter, written by Chivayo’s lawyers, expressing shock at being summoned to court over the Gwanda Solar Project.
They argued that preliminary work done at the site was conducted using the funds he received from ZPC.
His lawyers indicated that they were taken back by the National Prosecuting Authority preferring fraud charges when the work was done to the satisfaction of ZPC.
They claimed that the issue was a civil matter and the contract between Intratek and ZPC was still valid.
They also argued that the High Court stated that the law is that whenever the State, or its affiliate, enters into a contract, it must be treated equally, as the other party to the contract.
It must find its remedies and/or incur its liabilities in terms of the contract.
The contract must be the beginning and the end in resolving whatever dispute that might arise between the parties.
Chivayo was represented by Advocates Lewis Uriri and Sylvester Hashiti.
Online Reporter