Court postpones Chivayo' appeal against conviction and sentence

The Supreme Court of appeal has ordered the Registrar of the court to reconstruct the record of young businessman Wicknell Chivayo who is appealing against his 2005 conviction and sentence.

The court postponed the hearing of Chivayo who is challenging his conviction following an application by the prosecution.

The court of appeal which comprises Justices Anne Goora, Antonio Guvava and Ben Hlatshwayo heard that note books of the late Justice Wilson Sandura who presided over the case more than a decade ago were found and the Registrar is in the process of reconstructing Chivayo's record.

The highest court of appeal ordered the Registrar of the court to finalise the reconstruction of the record within the next 30 days.

Chivayo's court record went missing back in 2005 and could not be located when he wanted to appeal against his conviction and sentence.

In 2008, Justice Sandura presided over the appeal and he directed that the record be constructed.

Chivayo is represented by Advocate Thabani Mpofu and Mr Wilson Manase who initially opposed to the postponement of the matter arguing it had taken too long.

However, the court indicated no one in the court was part of the proceedings back in 2005 up to 2008, hence the need to wait for the reconstructed record and proceed.

Allegations against Chivayo, dates back to 2005, when he was convicted of receiving money from proceeds of crime amounting to US$837 000.

He was slapped with a five year jail term and two years were suspended.

Chivayo served his three year prison term after his bail pending appeal was dismissed.