Chivayo Off the Hook - Gwanda Solar Project Contract Remains Valid NewZimbabweCom: Zimbabwe
The businessman through his lawyer, Advocate Slyvester Hashiti argued the state was taking too long to prosecute him, an argument which was upheld by the presiding magistrate Lazini Ncube.
In this case Chivayo was facing four counts including fraud, money laundering, violation of exchange control regulations and confiscation of profits.Chivayo and his company Intratrek were facing three counts of fraud, while the other two counts of breaching exchange control regulations and money laundering were dropped shortly before the trial commenced.
It was established that between 2016 and 2019 Intratrek indeed executed the pre-commencement works as agreed under Schedule 11 of the EPC Contract. The court ruled the cause of action arises from a contractual arrangement between accused persons and ZPC, which arrangement provides for all the applicable remedies in the event of breach, whether actual or perceived.
"The non-existence of such intention immediately becomes apparent if one considers that the relationship between the parties was regulated by an Engineering Procurement and Construction Contract which authorised payment before works had been done.
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