Chivayo application dismissed
20 November 2018
A HARARE magistrate has dismissed an exceptional application by Harare businessman Wicknell Chivayo in which he was asking the court not to criminalise his case with the Zimbabwe Power Company.
Chivayo is facing charges of defrauding the Zimbabwe Power Company of more than $5 million through the Gwanda solar project which he had a tender.
State is accusing Chivayo and his company Intratrek of two counts of fraud and two other counts of money laundering.
Chivayo and his company had filed a court application seeking an exception of the four counts stating that there was no evidence which criminalise merits of the case.
Harare magistrate Lazin Ncube dismissed Chivayo’s application for lack of merit.
Whilst making his ruling, magistrate Ncube stated out that the defence failed to give evidence that would befit the matter to be a criminal case.
It is the State’s case that on October 23 2015, the Zimbabwe Power Company acted in misrepresentation and signed a contract with Chivayo and his company for implementation of the Gwanda Solar Project.
It is alleged that ZPC deposited US$5607814.24 into Intratrek account for the project but the project in question failed to take off after he took money prejudicing ZPC.
It is further alleged that he was authorised by the RBZ to load US$849479 into his visa card for the importation of earth moving equipment but nothing came into the country.
The presiding magistrate deferred the matter to December 10.