Chronicle Editor
Fidelis Munyoro, Harare Bureau
The Supreme Court has given the State leave to amend its papers with costs in a case in which it is contesting the acquittal of businessman Mr Wicknell Chivayo of the $5,6 million fraud charge involving Zimbabwe Power Company (ZPC)’s Gwanda Solar Project.
Justice Bharat Patel sitting in his chambers made an order that the Prosecutor-General Mr Kumbirai Hodzi will be held in contempt of the court if the costs are not settled.
This was after prosecutor, Ms Sharon Fero, assisted by Mr Tapiwa Mapfuwa and Mr Zivanai Macharaga—had applied for condonation for non-compliance with the court’s rules. “The applicant be and is hereby granted leave to file an amended notice of motion in substitution of the defective notice of motion filed under Case No. SC177/19,” said Justice Patel.
The judge said the PG’s office should pay the costs of the application on the ordinary scale by not later than 4PM on May 31.
“In the event that the applicant fails to comply… the respondents be and are hereby given leave to proceed against the applicant by way of proceedings for contempt of court,” said Justice Patel.”
The order was granted with the consent of both the State and defence counsel.
Last month Justice Patel rapped the State for clumsy work in its appeal in the matter, describing their heads of argument as “the most appalling heads of arguments I have ever seen.”
This prompted Ms Fero to apologise to the judge and sought postponement to file properly crafted heads of argument.
She dissociated herself from the heads of argument, which she also described as “kindergarten stuff”.
Justice Patel then allowed the State’s request for postponement and also ordered the trial magistrate to be joined in the appeal matter.
The State is seeking leave to appeal against the decision of the High Court absolving the businessman and his company Intratrek Zimbabwe of any criminal liability in the Gwanda solar project.
Chivhayo is being represented by Advocates Lewis Uriri and Slyvester Hashiti instructed by Mr Wilson Manase of Manase and Partners.
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