'Chivayo's work is of no value if not completed'

The trial of controversial businessman Wicknel Chivayo continued yesterday with the finance director for Zimbabwe Power Company testifying as the first state witness.

Chivayo, through his lawyer Wilson Manase, admitted in his defence outline to the court in which he said he never breached the contract that is still in existence with ZPC and from 2016, Intratek has acted within the confines of the contract.

Chivayo and his company won a $25 million lawsuit at the High Court when he sued ZPC for initiating criminal proceedings against him yet the contract they had still existed.

ZPC was then ordered to withdraw the criminal charges and allow the contract to exist and Intratek to complete its work at the Gwanda Solar Project site.

The State, led by Zivanai Macharaga, opened its case by calling the evidence of its first witness Gilbert Chiwara.

Chiwara told the court that ZPC made two payments of $1219 476 each for Intratek to do pre-commencement works at the site.

In the pre-commencement work, Intratek was supposed to install basic ablutions, communication network, temporary housing, preliminary foundation, borehole drilling and ground clearing.

The pre-commencement work was supposed to be done in six months and when ZPC saw that none of the work had been done, the director wrote a letter of inquiry to Intratek on April 6 2016.

"The company raised a query to the contractor to find out what the funds had been used for and in response, Intratek called for a meeting between the two project teams where they discussed how the funds had been utilized.

"The meeting was followed by a letter that showed the financial commitments made against the money that was received by Intratek," said Chiwara.

Chiwara elaborated on the letter written by Intratek which had the payment release certificates of the two payments of $1.2 million each and the one they had sought further payment together with purchase orders Intratek had received from its alleged sub-contractors.

The purchase orders from Intratek indicated that to JTL Equipments they paid $304 750 for clearance to facilitate building of temporary structures and way leaves to facilitate fencing.

The other purchase orders included $11 265 to Mathe land surveyors for surveying and pegging of access roads, $402 500 to Makumimana Pvt Ltd for fencing, $954 110 TO Pietsnack for earth moving equipment and $115 00 to Intrepine for temporary site structures.

Prosecutor Macharaga questioned whether the witness verified the authenticity of the alleged companies and if he would dispute it if he was to be told that Makumimana is not a fencing company and is in fact a lodge.

In response, Chiwara said he would not be able to object but the projects team would be in a better position to confirm the position.

"ZPC failed to get the service it had paid for to Chivayo and there were various other engagements at projects ad executive levels to ensure that work was done and after that a road was opened and they moved off site.

"Chivayo did work on site which is of no value to ZPC if it's not completed," said Chiwara.

The matter was remanded to next week when Advocate Lewis Uriri will be available to cross examine the witness.

Harare regional magistrate Lazini Ncube presided over the matter.