ZPC appeal papers against Chivayo ruling in shambles

THE Supreme Court yesterday postponed to next week the hearing of an appeal by the Zimbabwe Power Company (ZPC), which is contesting a High Court ruling that found businessman Wicknell Chivayo not guilty of fraud and reinstated him to continue running the controversial Gwanda solar project.

The case was set to be heard yesterday, but could not kick off after it emerged that ZPC papers were in shambles.

Chivayo, through his company Intratrek Zimbabwe (Pvt) Ltd, is demanding US$22 million defamation damages from ZPC for causing his arrest.

He is also demanding US$3 million compensation for expenses he incurred between 2013 and 2018.

In January this year, High Court judge Justice Siyabona Musithu upheld Chivayo's application before slapping ZPC with costs on a higher scale.

Chivayo had argued that ZPC tarnished his integrity by getting him arrested on fraud allegations emanating from the project.

ZPC filed an appeal at the Supreme Court complaining that the lower court erred when it ruled in favour of Chivayo.

Intratrek was awarded the tender as the lowest compliant bidder out of six bidders at a cost of US$173 million.

ZPC later sued Chivayo for fraud, but he was cleared by the courts.

A bid to revive the case through the National Prosecuting Authority of Zimbabwe failed again after the businessman and his company were found not guilty and acquitted.