Chivayo to protest in Con-Court

HARARE - Harare businessman Wicknell Chivayo yesterday indicated he wanted to approach the Constitutional Court (Con-Court) after the State threatened to tighten his criminal charges.

Chivayo and his company Intratek Zimbabwe (Private) Limited are charged with fraud, money laundering and contravening two sections of the Exchange Control Act.

Lewis Uriri, Chivayo’s legal counsel, presented an application for exception and referral to the Con-Court pending an intended change of the latter’s charges.

According to Uriri, the State represented by Zivanai Macharaga and Vernanda Munyoro, had intended to amend Chivayo’s charges.

“According to Section 170 (3) of the Criminal Law and Codification Reform Act, which allows the State to amend charges before they are put to the person, we raised concerns to the state. If it (State) proceeds to put present charges as intended by notice, accused will accept, plead and will make it clear that the State should not make any amendments again after that,” Uriri said.

“The document that we have furnished the State with relates to the intended amendments and not the present charges. If the intended amendments are not sought, then the document we have presented to the State will become irrelevant.”

Macharaga, however, advised the court that they first needed to read through Chivayo’s application before proceeding with the amendments.

“Indeed, we have the intention of making amendments to the charges but before we even proceed with that, we were served with a 42-page document by Uriri. We need to go through it and come up with an informed position and see if it is still necessary to make any changes,” Macharaga said.

The complainant is Zimbabwe Power Company represented by board member Thandiwe Mlobane.

The State alleged that sometime in 2012, ZPC resolved to increase power on the national grid.

A feasibility study was carried out and a tender process done in August 2013 for installation of a 100-Megawatt solar power plant in Gwanda and the tender was awarded to a Chinese company China Jianxi at a cost of $183 million.

The court heard Chivayo participated in the tender with a bid of $248 million being the third lowest. However, it was alleged, Chivayo’s accomplice former Energy minister Samuel Undenge interfered with the tender process and directed ZPC accounting officer Noah Gwariro to award the tender to Chivayo and his company.

Chivayo allegedly misrepresented that he had capacity to implement the project.

He reportedly won the tender at $172 848 597.

The court heard on October 23, 2015 ZPC acted on the misrepresentation and signed a contract with Chivayo for implementation of the project.

ZPC released $5 607 814, 24 into Intratek bank account for the project to take off.

Chivayo allegedly converted or transferred the money into various individual and company accounts.

ZPC suffered prejudice of $5 607 814.24 and nothing was recovered.

Post a comment

Readers are kindly requested to refrain from using abusive, vulgar, racist, tribalistic, sexist, discriminatory and hurtful language when posting their comments on the Daily News website.
Those who transgress this civilised etiquette will be barred from contributing to our online discussions.
- Editor

Your email address will not be shared.