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The Supreme Court on Friday, 01 December dismissed Zimbabwe Power Company (ZPC)’s appeal against a High Court ruling in favour of Wicknell Chivayo’s Intratrek against the Zimbabwe Power Company (ZPC), reported <a href="https://www.newzimbabwe.com/zpc-appeal-against-chivayos-intratrek-thrown-out-supreme-court-confirms-gwanda-solar-project-contract-is-valid/">NewZimbabwe.com</a>.
Justices Joseph Musakwa and George Chiweshe handed down a brief judgement also slapping ZPC with costs. Said Justice Mutsakwa:
<blockquote>
The appeal is being dismissed. The appellant shall pay costs of suit.
</blockquote>
ZPC cancelled Intratrek’s contract to build a 100MW solar plant in Gwanda, saying Intratrek had failed to meet targets.
In January, High Court judge Justice Siyabona Musithu ruled in favour of Chivayo, saying the tender was still valid.
Intratrek had sought an alternative order to be paid US$22 million in damages, but the High Court ruled that this was not necessary.
Chivayo also demanded US$3 million in compensation for expenses he had incurred between 2013 and 2018 funding the project.
Chivayo had argued ZPC tarnished his integrity by getting him arrested on fraud allegations emanating from the named project.
ZPC, through its lawyer Daniel Tivadar appealed the ruling arguing that Intratrek did not fulfil the contract hence the High Court erred when it ruled that the contract was binding and valid.
Tivadar said the project was supposed to have been completed in 2019.
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

Pindula News

Gwanda Solar Project: Supreme Court Dismisses ZPC Appeal Against Chivayo’s Intratrek

Intratrek Zimbabwe Pvt Ltd managing director Wicknell Chivayo has vowed to fast-track and complete the Gwanda solar project to help alleviate the electricity crisis bedevilling the country.
The controversial Gwanda solar project had stalled for years after the Zimbabwe Power Company (ZPC), a ZESA Holdings subsidiary and Intratrek were locked in a legal wrangle over its implementation.
On 11 January 2023, the High Court ruled that the US$173 million project should go on as it is still valid.
Chivayo and his company had sued ZPC for causing malicious prosecution against them.
Intratrek had demanded US$25 million from ZPC for defamation and expenses he incurred.
But speaking after the court ruling, Chivayo said his focus was to now resume the project and complete it. He said:
<blockquote>
We receive the High Court judgment as highly commendable as it is a vindication of the position that we have always advanced, particularly that the EPC Contract was unlawfully terminated by ZPC.
It allays the regrettable misinformation about the project and aspersions that Intratrek did not perform its contractual obligations.
We applaud our judiciary for seeing this matter for what it is, applying the law impartially to the dispute and not being swayed by the court of public opinion.
… We remain resolute to ensure that with the legal impediment removed by the courts, the solar project will be implemented expeditiously and in the national interest.
</blockquote>
Chivayo said he was not concerned with receiving damages from ZPC but with ensuring that Zimbabwe has 100MW of clean energy. He said:
<blockquote>
I wish to reiterate and set the record straight that we are not overly concerned with receiving damages from ZESA yet the country is reeling under prolonged hours of load shedding.
It will be a dereliction of duty as citizens of Zimbabwe to pursue a remedy that will impoverish a State utility and prejudice the generality of Zimbabweans, ourselves included.
We shall therefore prioritise and emphasize to our partners at ZESA that the demand for power be immediately resolved by allowing the project to be implemented, as opposed to payment of the damages awarded by the Courts.
</blockquote>
He added that Intratrek’s financiers and technical partners are ready and willing to implement the project within the shortest possible time. | <a href="https://www.newzimbabwe.com/chivayo-says-not-interested-us25m-court-award-for-now-vows-to-implement-solar-project-and-help-end-power-crisis/">NewZimbabwe.com</a>

Chivayo Pledges To Expedite Implementation Of Gwanda Solar Project

The trial of Intratrek MD and businessman Wicknell Chivhayo in which he is accused of swindling ZPC of US $5.6 million will resume in 2 weeks after the <a href="https://news.pindula.co.zw/2020/06/09/supreme-court-reverses-wicknell-chivayos-fraud-acquittal/">Supreme Court reversed his High Court acquittal,</a> The Herald reports.
Special Anti-Corruption Unit (SACU) has welcomed the Supreme Court’s decision and they reportedly indicated they wish to implement it to the best of their abilities.
SACU has also dismissed reports circulating that the charges will be dropped and said they are ready to proceed with the case:
<blockquote>These sentiments do not represent true facts as they stand. sacu is proceeding with prosecution of the accused person as has been directed by the Supreme Court. A number of witnesses will now be called to testify in this case.</blockquote>
The High court had previously absolved Chivhayo and his business of any wrongdoing in the power deal that never materialised.
More:<a href="https://www.herald.co.zw/chivayo-trial-to-resume-in-2-weeks/"> The Herald </a>

Wicknell Chivhayo's Trial To Resume In 2 Weeks Time

The Parliamentary Committee on Mines and Energy urges the Zimbabwe Power Company (ZPC) to terminate its contract with Intratrek immediately as one of its directors, Mr Wicknell Chivayo, has a criminal record and does not qualify to be a managing director of a company registered in Zimbabwe.
The Parliamentary Committee on Mines and Energy’s report after conducting hearings on the Gwanda Solar Project recommended that power generation tenders should be awarded on merit. The Temba Mliswa led committee recommends that ZPC should terminate its contract with Intratrek because the company violates the Companies Act and the repealed Procurement Act. Part of the report reads:
<blockquote>ZPC should terminate the contract with Intratrek given that that Mr Chivayo has a criminal record and does not qualify to be a managing director of a registered company in Zimbabwe. ZPC must take over the Project.</blockquote>
The committee said the Zesa Holdings Board and the ZPC Board should be dissolved immediately.
More: <a href="http://www.chronicle.co.zw/terminate-chivayo-tender/">Chronicle</a>

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