adminZvikomborero Parafini
SENIOR lawyer, Simplicius Chihambakwe, has appeared in court facing allegations of failing to declare his interests to ZESA, when he was a board member.
His law firm did debt collection for the power utility.
Chihambakwe appeared before Harare magistrate, Marehwanazvo Gofa, and made an application for exception.
He is back in court today for the State’s response to his application.
Chihambakwe, through his lawyer Advocate Tawanda Zhuwarara, based the application on the basis that the charge is calculated to embarrass him, in his defence, as it is predicated on a repealed law.
“The accused is also prejudiced in formulating and conducting his defence on account of the fact that there is a material incongruence between the charge and the State outline.
“The charge sheet alleges that ZESA Holdings (Pvt) Ltd is ‘the parent company to the Zimbabwe Electricity Transmission and Distribution Company (ZETDC).’
“On the other hand, the State outline makes no mention of such connection between ZESA Holdings Pvt Ltd and ZETDC Private Limited,” reads part of the application.
Chihambakwe also pleaded not guilty to the charge and denied ever concealing a transaction to his principal.
He told the court that, from as far back as 2015, the ZESA board was aware that ZETDC had approached him, through his law firm, as their debt collectors.
He told the court that the board never objected to ZETDC engaging his services.
He said ZESA and ZETDC were separate legal entities and he had no obligation to report to ZESA that ZETDC had engaged his services as debt collectors.
Online Reporter