Chivayo formalises acquittal

Controversial businessman Wicknell Chivayo appeared in court yesterday to finalise his acquittal with the lower courts.

Chivayo, who was jointly charged with his company, Intratek, was last week acquitted by the High Court for allegedly defrauding the Zimbabwe Power Company of $5,6 million in a Gwanda solar project.

Chivayo was also acquitted of violating the Exchange and Money Laundering Act.

Through his lawyer Advocate Sylvester Hashiti, he said he was appearing as a courtesy after the "High Court disposed of the matter."

"We were remanded to this date and this matter needs to be completed and formally closed," Hashiti said.
"We are here to be formally excused... Instead of waiting for the registrar and the clerk of court, we are here to hand over the High Court order as courtesy," Hashiti said.

Chivayo was acquitted after he lodged an appeal with the upper court after magistrate Lazini Ncube dismissed his exception application.

High Court judge Owen Tagu ruled in Chivayo's favour and said the State's case was weak.
Tagu said even if the charges and outline were to be proven, no criminal offence would have been proven.

"...Reading of the whole outline of the State Case shows that this is purely a civil rather than a criminal matter. The criminal charges stand on a frail footing and cannot be sustained at law before any court reasonably exercising its legal mind," Tagu ruled.

Regional magistrate Lazini Ncube quashed all charges against Chivayo yesterday and declared him a free man.