The Supreme Court has dismissed the Zimbabwe Power Company (ZPC)’s appeal against a High Court decision which reinstated the US$173 million Gwanda solar project contract to controversial businessman Wicknell Chivayo’s Intratrek Zimbabwe.
The dismissal means Intratrek Zimbabwe’s contract with ZPC is still valid.
Supreme Court Judges Justices Joseph Musakwa and George Chiweshe dismissed the appeal with costs.
The two judges said the full judgement will be availed later.
ZPC had noted an appeal complaining that Chivayo did not fulfil the contract hence the High Court erred when it ruled that the contract was binding and valid.
ZPC’s lawyer Daniel Tivadar said the project was supposed to have been completed in 2019.
Chivayo’s lawyer Advocate Lewis Uriri insisted that evidence by his client before the lower court was not contested.
Chivayo, through his company Intratrek Zimbabwe (Pvt) Ltd (Intratrek), had sued ZPC US$22 million for defamation after ZPC caused his arrest.
He also demanded US$3 million in compensation for expenses he had incurred between 2013 and 2018 funding the project.
Chivayo had argued that ZPC tarnished his integrity by getting him arrested on fraud allegations emanating from the named project.
In January this year, High Court judge Justice Siyabona Musithu upheld Chivayo’s application before slapping ZPC with costs on a higher scale.
“Resultantly it is ordered that: The procurement contract for the Engineering, Procurement and Construction (EPC Contract) of the 100MW Gwanda Solar Project (ZPC 304/2015) between the plaintiff and the defendant as amended is valid and binding between them.
“Consequent to the declaration of the validity of the EPC Contract, an order for specific performance of the said contract is hereby granted.
“The defendant’s (ZPC) claim in reconvention is hereby dismissed with costs. The defendant shall pay the plaintiff’s costs of suit in the claim in convention,” Justice Musithu ruled in January.
However, aggrieved by the judgement ZPC filed an appeal at the Supreme Court complaining that the lower court erred when it ruled in favour of Chivayo.
The agreement between ZPC and Intratrek was signed after a successful tender bid, for the engineering, procurement, and construction of a 1 000MW Gwanda Solar Power Station Project.
Intratrek was awarded as the lowest compliant bidder to specification out of 6 bidders at a cost of US$173 million.
A bid to revive the case by the National Prosecuting Authority (NPA) failed again after the businessman and his company were found not guilty and acquitted.
