Africa-Press – Zimbabwe. By Mary Taruvinga –
CONTROVERSIAL businessman Wicknell Chivhayo is now a free man after he was acquitted in a case he was being accused of bribing former Zimbabwe Power Company (ZPC) board chair Stanely Kazhanje with US$10 000 in a bid to win a US$100 million tender to establish a solar power plant.
Harare magistrate Ngoni Nduna Wednesday ruled that the state failed to prove its case.
The magistrate also said Chivhayo and his company had managed to demonstrate that they fairly won the bid for the project.
He ruled that it was not disputed that Kazhanje had done consultancy work for Chivhayo and it was only fair that he be paid for the job.
“The starting point after having stated the law is to look at the essential elements of the offence,” said the magistrate.
He added: “It is that which the accused persons claim was not established by the evidence tendered by the state.
“The following are common cause. The two accused persons are into commerce and participated in the tenders for the Gwanda Solar Project. They won the bid. The bid had certain conditions which were supposed to be met before they are advanced any money,” the magistrate said.
“Money was paid before the said conditions were fully met. Kazhanje was a board member, its chairperson at the time the payment of US$10 000 was made to his account by the accused persons he had done some consultancy work on the Gwanda Solar Project before becoming the Board Chair of ZPC.”
“Accordingly, it is ordered as follows that the state is found to have failed to establish a prima facie case against both accused persons. They are both found not guilty and acquitted. ”
Nduna said the state failed to proved he influenced the awarding of tender since he did not share the US$10 000 with other board members.
“It was adequately given in evidence that Kazhanje did some consultancy work for the accused persons. That work could not have been done for free,” he said.
