Chivayo Acquitted Over $5.6 Million Gwanda Solar Project

  • Wicknell Chivayo has been acquitted with his company Intratrek Zimbabwe (Private) Limited of misappropriating US$5.6 million for the abortive 100MW Gwanda Solar Project.
  • Chivayo and his company claimed that ZPC owed Intratrek and Chivayo, as of July 13, 2020, US$609 693,87 arising from works that have been “over delivered.”

Wicknell Chivayo has been acquitted with his company Intratrek Zimbabwe (Private) Limited of misappropriating US$5.6 million for the abortive 100MW Gwanda Solar Project after Harare Magistrates Court agreed that there had been an unreasonable delay in the prosecution. Harare magistrate Mr Lazini Ncube cleared Chivayo and his company after he upheld their application for refusal of further remand and their request for a not guilty verdict after noting that the State had “unreasonably delayed its prosecution.”

In the application prepared by Advocate Sylvester Hashiti and Advocate Lewis Uriri, Chivayo and his company had argued that it had been close to eight months after the State had summoned them back to court without any trial. Chivayo and his company had also argued that there was no point in continuing to attend court without progress in their practice.

The State, led by Mr Tafara Chirambira and Mrs Tendai Shonhai, had opposed the application saying they wanted two weeks to allow them to respond to the application. They told the court that they were waiting for a response from former Energy Minister Fortune Chasi for them to make an informed response. Chivayo and his company were initially charged with four counts of fraud, money laundering, and violation of exchange control regulations upon his arrest.

He said the acceptance by ZPC that Intratrek Zimbabwe “over delivered” its obligations in accordance with the engineering procurement and construction contract and that it used the advance payment for pre-commencement activities cast no doubt that no one was defrauded. Chivayo and his company claimed that ZPC owed Intratrek and Chivayo, as of July 13, 2020, US$609 693,87 arising from works that have been “over delivered.”

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