The bodies of 14 illegal miners who were trapped at Eldorado Mine in Chinhoyi two weeks ago can no longer be retrieved, and mine authorities were yesterday sealing off all access points to the main shaft to ensure no more artisanal miners enter.
A miner emerges from a shaft
When The Herald visited the mine on Wednesday, a front-end loader was busy covering at least six access pits which were being used by illegal artisanal miners to enter the main shaft.
The pits would connect with the main shaft at Level 2 of the mine and artisanal miners would go deeper to Level 11 where the 14 illegal miners were recently trapped and could not be brought to the surface for burial.
Mashonaland West police spokesperson Inspector Clemence Mabgweazara said the move was aimed at restoring order in line with recommendations by the Ministry of Mines and Mining Development.
“Illegal and haphazard mining has been going on at Eldorado Mine for some time and as the police we support the decision by the Ministry of Mines and Mining Development, together with owners of the mine, to seal off all the illegal entry pits,” he said.
“This ensures that we do not experience loss of life at this mine.
“A total of six pits are being sealed off. In fact, all the illegal pits that were being used by illegal gold miners are all being sealed off.”
Mine manager Mr Mish Misinga said sealing of the shafts would deter illegal miners from gaining entrance into the main shaft.
“We are doing everything to comply with orders from the Ministry of Mines so that we do not see further loss of life here,” he said.
“We are doing everything to restore the mine’s security system.”
Mr Misinga said the entrance to the main shaft would be locked with iron screens until all security issues had been put in place, including erecting the perimeter fence which had been brought down by the illegal miners.
The mine has been at the centre of a dispute, which has since been resolved, with the owners being tasked to re-establish structures that had collapsed following the invasion by the illegal miners. The Herald
Primary and Secondary Education Minister Professor Paul Mavima, flanked by permanent secretary in the ministry Dr Sylvia Utete-Masango (Picture by Believe Nyakudjara)
Despite the Government’s directive that discourages sending learners back home for non-payment of fees, some schools continue to flout this order, affecting the children’s right to access education.
Primary and Secondary Education Minister Professor Paul Mavima, flanked by permanent secretary in the ministry Dr Sylvia Utete-Masango, announces Government’s decision to have the Ordinary Level English Paper 2 rewritten next Friday, following the nullification of results of the first exam after the paper was leaked last year, during a Press briefing in Harare yesterday. — (Picture by Believe Nyakudjara)
Most schools, both rural and urban, continue to send pupils back home for non-payment of fees. Because of that, most children have missed lessons consecutively in the past.
Primary and Secondary Education Minister Prof Paul Mavima has once again warned against the practice as schools reopened this week.
“We have said it over and over again that no child should be sent away for non-payment of fees. That is Government policy. We don’t expect it to be happening,” he said.
“The matter of fees is between the school and the parent, not the child and under our Constitution every child has a right to go to school.
“We want to provide quality education that is accessible, therefore, no child should be left behind.”
However, the ministry’s policy does not mean that parents should not pay fees for their children, but highlights that whatever measures schools take should not violate children’s right to education.
Over the years school authorities have been urged to engage parents over unpaid school fees through School Development Committees (SDCs) or even take legal action.
The minister emphasised that schools sending pupils back home for non-payment of fees were committing an offence, and urged parents to report such schools to the ministry, which will carry out investigations.
“If there are any headmasters who are sending learners back home for non-payment of fees, they are actually committing a chargeable offence,” he said.
“What needs to happen now is for people to report through the ministry’s system at the district level, provincial level or even call the ministry’s headquarters that a specific headmaster is doing that and we will carry out investigations.”
Stakeholders in the education sector have also condemned the practice of sending home pupils for non-payment of fees
Stakeholders in the education sector have also condemned the practice by some of these schools, saying it hinders the attainment of the SDG 4 Agenda 2030 of quality education.
Some of the schools have adopted extreme measures to induce parents to pay fees in time. These range from denying pupils entry into the schools premises or sitting for end of term exams, access to performance reports and or sending parents threatening text messages.
Speaking on condition of anonymity, one teacher from Muzarabani, who was in Harare on holiday, said schools needed to be monitored and tangible measures put in place to bring to book non-compliant schools.
She raised concern over the continued decrease of pass rates and the rise of child marriages in Muzarabani, citing how staying in school could help curb such problems.
“The issue of poverty is real and because of some religion practises girls are married off early in Muzarabani. However, if these children can be kept in school, the rate of child marriages could be reduced.
“A decent education for these children may change their destiny.
“As much as parents are obliged to pay fees, we also have to consider the harm associated with the idea of sending pupils home. We have a newly implemented curriculum that needs constant monitoring and when these pupils are sent home they never catch up. Some miss classes for days and these are the same children who fail,” she said.
Although there are some parents who can afford to pay fees some are simply taking advantage of the Government’s directive and going for years in debt. A widow, Mrs Mhondiwa from Chikomba, blamed poverty for her failure to give a decent education to her children. She lives below the poverty datum line of $1,50 per day.
She has four children to fend for on limited income. She told The Herald that she was struggling to feed the children, let alone pay fees.
She owes the school more than $200.
“I know I should be paying fees for my children but for now I simply cannot afford. The Herald
Suspended University of Zimbabwe Vice Chancellor Levi Nyagura
By Tendai Rupapa
A Harare magistrate yesterday threw out an application by suspended University of Zimbabwe (UZ) Vice Chancellor Levi Nyagura for referral of his matter to the Constitutional Court (Concourt), saying it was frivolous and vexatious.
University of Zimbabwe Vice Chancellor Levi Nyagura
Nyagura is accused of illegally awarding former First Lady Grace Mugabe a PhD.
Through his lawyer Advocate Lewis Uriri, Nyagura made an application for referral of the matter to the Concourt citing infringement of constitutional rights to a fair trial.
In his application, Adv Uriri argued that Messrs Tapiwa Godzi and Michael Chakandida from the President’s Special Anti-Corruption Unit, who are representing the State, had no authority to prosecute.
He said the Acting Prosecutor-General, by granting the pair authority to prosecute when they are not employees of the National Prosecuting Authority (NPA), was in breach of Nyagura’s right to the equal protection and benefit of the law, as well as right to a fair trial.
Adv Uriri made reference to Section 259 (10) of the Constitution, saying people who can assist the PG are employed by a board provided by an Act of Parliament.
In response, Mr Godzi argued that Section 5 of the Criminal Procedure and Evidence Act gives the PG powers acting independently to issue authority to prosecute to a certain category of people that included any legal practitioner.
After hearing submissions from both parties, Mr Ncube ruled that Nyagura’s application lacked merit.
“According to the Criminal Procedure and Evidence Act, a public prosecutor is anyone who has the prosecutor general’s authority to prosecute,” he said. “The PG can authorise anyone who has the qualification. The bottom line is what has been issued to the pair (Godzi and Chakandida) is authority to prosecute.
“Section 5 (2) of the Criminal Procedure and Evidence Act gives the PG powers to issue authority to prosecute on his behalf to any legal practitioner and the two are legal practitioners and are qualified to be issued with such authority.
“The unit (President’s Special Anti-Corruption Unit) might be housed in the President’s Office, how does it infringe upon accused’s rights to a fair trial?”
Mr Ncube said the appointment of Messrs Godzi and Chakandida was within the confines of the law.
“There are no merits to refer the matter to Concourt, there are no grounds,” he said. “The application is vexatious.”
Mr Ncube directed that the matter proceeds to trial, but Adv Uriri made another application to approach the Concourt directly in terms of section 85(1) of the Constitution.
The prosecution is expected to respond to the application today. The Herald
As the great trek of South African artistes continues, gqom and kwaito music star Busiswa Gqulu will tomorrow perform at Steward Bank’s Kanzatu-nzatu charity benefit at Alexandra Sports Club.
Busiswa
The “Lahla” hit-maker will join her fellow countrymen who have been staging shows in the country of late.
First it was Oskido, then came Nasty C, Shekhainah, before Zahara headlined the annual Solo Festival last weekend.
She will share the stage with local stars including dancehall king Winky D, gospel musician Mathias Mhere and Andy Muridzo.
Hot on the heels of a successful Canadian tour, Winky D will be there to please his local fans. He will be armed with a huge selection of songs from years in the industry.
It is rumoured that he has been working on summer-themed singles which are expected to be part of his set.
Muridzo, a great performer who has been doing well since he quit Jah Prayzah’s Military Touch Movement (MTM) earlier this year, has confirmed his participation.
“I’m certainly participating, and bringing my ‘A’ game. I know the show has great performers but I’m sure I’ve already proven myself as one too,” he said.
Muridzo encouraged people to come to the show.
“Come through and support the less fortunate. I’m promising fireworks as usual so people should come with their dancing shoes because the dancefloor will be hot, there will not be any spot to stand,” he said.
The family event will start at 9am running until 6.30 in the evening.
It will feature different activities including games such as tug of war, musical chairs, eating competition, and a dance-off completion. Jumping castles will also be available for children. The Herald
Burt Reynolds, the wisecracking 1970s movie heartthrob and Oscar nominee, has died at the age of 82. He reportedly passed away in a Florida hospital from a heart attack with his family by his side.
Burt Reynolds
The moustachioed megastar underwent heart bypass surgery in 2010. Reynolds is survived by his son, Quinton.
He shot to fame in 1972’s Deliverance, becoming a Hollywood legend with his roles in Smokey and the Bandit, The Cannonball Run and Boogie Nights.
The veteran actor’s agent, Todd Eisner, said his death was “heartbreaking”.
Reynolds died at the Jupiter Medical Center in Florida.
The movie star’s niece, Nancy Lee Hess, told the BBC his death had left the family “with a broken heart”.
“My uncle was not just a movie icon, he was a generous, passionate and sensitive man who was dedicated to his family, friends, fans and acting students,” she said.
“He has had health issues, however, this was totally unexpected.”
She added: “I want to thank all of his amazing fans who have always supported and cheered him on, through all of the hills and valleys of his life and career.”
Reynolds’ breakout movie role was in 1972’s Deliverance, which told the tale of four friends attacked while on a canoeing trip in rural Georgia.
The box office hit netted three Oscar nominations and made him a Hollywood sex symbol.
That same year Reynolds broke a publishing taboo by posing for a nearly nude centrefold in Cosmopolitan magazine, which he later said was a “really stupid” idea.
His career peaked in 1977 when he played trucker Bo Darville in action comedy Smokey and the Bandit. Only Star Wars grossed more at the box office that year.
Other memorable credits included his 1974 role as a jailed former NFL player leading his fellow inmates in a grudge football game against their prison guards, in The Longest Yard.
The movie was remade in 2005 with Reynolds starring as the team coach.
He also appeared alongside Dolly Parton in The Best Little Whorehouse in Texas, a 1982 comedy musical.
One of his last hits, The Cannonball Run, released in 1981, starred Reynolds as an outlaw race car driver. It spawned several sequels.
But his work went into freefall in the 1980s and his finances were ruined by failed investments in restaurants and a Florida football team.
Reynolds made a 1997 comeback playing a porn film director in Boogie Nights, which won him an Oscar nomination.
He was married twice, firstly to British actress Judy Carne in 1963, but they divorced two years later amid accusations of her over-spending and his infidelity.
Reynolds went on to marry American actress Loni Anderson in 1988, but that also ended bitterly in 1993. They adopted their son, Quinton.
He also had an on-off relationship with co-star Sally Field, who he later said was the love of his life.
Field, now 71, said in a statement about her old flame’s death: “There are times in your life that are so indelible, they never fade away.
“They stay alive, even 40 years later. My years with Burt never leave my mind. He will be in my history and my heart, for as long as I live. Rest, Buddy.”
In 1996 Reynolds filed for bankruptcy with nearly $11m in debts.
In 2014, he was forced to sell many prized memorabilia, including the Golden Globe award he won for Boogie Nights.
As a teenager, Reynolds won a football scholarship to Florida State University until a knee injury ended his sporting prospects.
His police captain father – a war hero who fought on D-Day – disapproved of his son’s acting ambitions.
Burt landed his first role in a local production of the play Outward Bound. He received the 1956 Florida State Drama Award for that performance.
Reynolds is also known for turning down famous roles, including James Bond, Han Solo and Richard Gere’s character in 1990’s Pretty Woman.
“My career is not like a regular chart, mine looks like a heart attack,” he told The Associated Press in 2001.
“I’ve done over 100 films, and I’m the only actor who has been canned by all three networks. I epitomise longevity.”
He penned two autobiographies: My Life, published in 1994, and But Enough About Me, in 2015.
“I always wanted to experience everything and go down swinging,” he wrote in his second book.
“Well, so far, so good. I know I’m old, but I feel young. And there’s one thing they can never take away: Nobody had more fun than I did.”
Up until his death, he had been set to appear in a Quentin Tarantino movie about Charles Manson – Once Upon A Time in Hollywood.
In the film, due to be released in 2019, he was to portray George Spahn – the California rancher who allowed the cult leader to live on his property.
There has been an outpouring of tributes to Reynolds from the world of showbiz. BBC News
Suluman Chimbetu on the sleeve of his “Gunship” album
By Boniface Chimedza
All roads lead to the Borrowdale Race Course tomorrow for the glamorous Commander Airforce of Zimbabwe Charity Horse Race and Air Day. Several exciting activities , including horse races and helicopter drills are lined up for the day.
Suluman Chimbetu on the sleeve of his “Gunship” album
Musicians who will be part of the event include Suluman Chimbetu, Fungisai Zvakavapano-Mashavave, Freeman and Killer T.
The singers will take turns to entertain fans and spice up several activities that will make the day fun-filled.
The event is one of the multifaceted initiatives being undertaken by the Airforce of Zimbabwe (AFZ) to bolster its efforts in ameliorating the lives of the underprivileged around the country.
Speaking to The Herald, AFZ public relations officer Squadron Leader Special Matarirano highlighted the uniqueness of this particular fundraising event, which he said would be a memorable event that caters for recreational needs for the individual as well as the family.
“This event is obviously unique in that we are availing our helicopter platforms to the public so that those who want to fly around the vicinity are given an opportunity to do so, be it as individuals, as friends or as a family, for a small fee of course,” said Matarirano.
Matarirano also confirmed that a well packaged entertainment program has been put in place, adding that in between the horse races there will be a lot to offer apart from the helicopter drills.
The packages for the helicopter drills have been split into two, mainly the individual fare, which is pegged at $50 and the family fare, which is $100.
The charges are time bound, with each helicopter drill lasting for 15 minutes.
Proceeds from the fundraising charity event will be channelled towards the funds which the AFZ is using to improve the lives of the disadvantaged in remote parts of the country.
“Basically this charity event is part of the multifaceted initiatives assisting us as the Airforce of Zimbabwe in mobilising resources to assist the disadvantaged people around the country with the necessities that they require,” Matarirano added.
Commander Airforce of Zimbabwe Charity Horse Race and Air Day is one of the four fundraising initiatives facilitated by the Air Force of Zimbabwe, which also include the Charity Dinner and Charity Golf. The Herald
Former President Robert Mugabe and his wife Grace during a funeral service for Mrs Mugabe’s mother in Borrowdale, Harare. — (Picture by John Manzongo)
By Zvamaida Murwira
Former President Robert Mugabe yesterday implored the nation to rally behind President Emmerson Mnangagwa, saying his election victory in the July 30 harmonised elections legitimised his leadership.
Former President Robert Mugabe and his wife Grace during a funeral service for Mrs Mugabe’s mother in Borrowdale, Harare, yesterday. — (Picture by John Manzongo)
The remarks by the ex-president were buttressed by his wife, Grace, who said they would pray for President Mnangagwa as his leadership was God-given.
Mr Mugabe and his wife said this last night while addressing mourners gathered at their Blue Roof residence to pay their condolence following the death of Gogo Idah Marufu, mother to the former First Lady.
Mr Mugabe said it was time to put behind events of November last year in which he resigned after a military coup. He said people should work together for the good of the country.
“There was an election, Zanu-PF was represented by Emmerson Mnangagwa and (Nelson) Chamisa represented MDC Alliance and results came out saying the person who won was Emmerson Mnangagwa and I said now it’s clear,” said Mugabe.
“You can’t dispute it. It is now clear. What had been in dispute has corrected through the election results. We have accepted the result and we hope that we will continue respecting the will of the people. The gun does not and should not lead politics,” he said.
“All of us are now duty bound to rally behind the Government. But we say those who want to contest should be allowed to do so and after every five years, but we say for now the person who won is Mr Mnangagwa.”
Mr Mugabe said it was never his intention to install his wife as President. He reiterated that he wanted former Cabinet Minister, Dr Sydney Sekeramayi, to take over from him at the 2017 Zanu-PF congress subject to endorsement by the party.
He said President Mnangagwa’s Government had returned to constitutionalism after the election.
Mr Mugabe said he preferred Dr Sekeramayi because he had entered into politics ahead of President Mnangagwa.
He said his wife was not qualified to be Head of State and Government since she had never assumed any Government office either as a Cabinet Minister or Member of Parliament and he never wanted her to assume the presidency.
“Ambition to be a President,” he said. “How could she be a President when she was never a Minister? There is a route one takes before you become a President.
“You have to be a Minister or Member of Parliament. My wife was neither of these two, so it was impossible for her to assume the post. That is when I recommended Sekeramayi, after I had spoken to Thabo Mbeki, suggesting that he becomes President.”
Mr Mugabe hailed President Mnangagwa for Government support at the funeral wake for his mother-in-law.
Mrs Mugabe commended President Mnangagwa for his leadership, saying it was God-given and pledged to pray for him.
She said President Mnangagwa had chartered a new aircraft to fly her back to Harare from Singapore where she was receiving medical treatment, to mourn her mother.
Mrs Mugabe said this demonstrated President Mnangagwa’s kindness.
“We used to travel using commercial flights during our tenure as the First Family. That has changed,” she said.
“President Mnangagwa charters a flight. It just takes us a phone call. It was a beautiful plane, a brand new Gulfstream 650 from Qatar.
“If I get rich I will buy such an aircraft. I have never boarded such a plane. The crew told me that I was the first person to board it. It is my dream plane. I felt comforted. VaMnangagwa comforted me. If it takes my mother’s death for us to restore our old friendship, then let it be.
“VaMnangagwa loves us. He knows we love him too. We pray for him because it is God’s will that he is President of the country. We pray that he be given the wisdom to lead the country.”
Mrs Mugabe said before leaving for Beijing, China, last week, President Mnangagwa left a message assuring them that Government, through Vice President Constantine Chiwenga, would take care of their funeral expenses.
She dismissed media reports that they were placed under house arrest during the military coup and when Parliament instituted impeachment proceedings Mugabe in November last year. The Herald
Zimra Commissioner-General Ms Faith Mazani addresses diplomats in Harare while Ministry of Foreign Affairs and International Trade, Director of Policy Research and Training, Mr Gideon Gapare looks on during a meeting. — Picture by John Manzongo
By Africa Moyo
The Zimbabwe Revenue Authority (Zimra) says it has dumped its combative tax administration tactic in favour of a conciliatory approach whereby tax payers willingly comply with the dictates of the country’s laws.
Zimra Commissioner-General Ms Faith Mazani addresses diplomats in Harare while Ministry of Foreign Affairs and International Trade, Director of Policy Research and Training, Mr Gideon Gapare looks on during a meeting. — Picture by John Manzongo
This was said by Zimra Commissioner General Faith Mazani yesterday in Harare during a breakfast meeting hosted by the national tax collector for players in the telecommunications industry.
“The reason why we called you here today (yesterday) is that we want to build and improve our relationship with you.
“Our desire is to open channels of communications so that we can contribute to the Zimbabwean renaissance under the mantra — ‘Zimbabwe is Open for Business’,” said Ms Mazani.
“ . . . we have taken a different approach to our tax administration and as we engage with specialised sectors like the telecommunications sector, we are going by an approach of cooperative compliance.
“Under cooperative compliance, we realise as Zimra that we have a lot to learn from the stakeholders that we are serving and assisting in meeting their tax obligations.
“We also realise the special qualities and circumstances of most of the industries that participate in this particular sector.”
The shift in strategy follows incessant complaints by taxpayers that Zimra was too militant in its approach, with its last resort when collecting revenue being garnishee orders.
Industrialists say garnishee orders were causing company closures, which in turn, left Zimra with fewer tax payers while employees are also thrown onto the streets.
But Ms Mazani said confrontation no longer has a place in Zimra’s new approach to doing business.
“. . . our clarion call is simple: voluntary compliance.
“For it is through voluntary compliance that we expedite economic development, social growth and poverty reduction in our country.
“Our intention as Zimra is not to ‘kill the goose that lays the egg’ but to move towards sustainable taxation, where business is able to pay their tax dues but also remaining operational in order to create other positive externalities like employment creation and reduction of poverty.
“I would like to advise you our valued business partners to bring forward any challenges you may be facing and use this platform amongst other platforms, to have Zimra address your issues.”
To underline the paradigm shift in the way Zimra operates, Ms Mazani immediately requested names of some officials who reportedly visited and harassed Telecel Zimbabwe staffers.
Mr Ezra Chinake of Telecel, who attended yesterday’s meeting, said when they eventually went to Zimra offices to engage the tax collector’s officials, they were made to wait for over two hours before getting audience.
At the same time, Mr Cleopas Kadzimu of NetOne called on Zimra to schedule its “many audits”, which sometimes end up affecting their operations as more efforts end up being devoted to assisting the auditors.
Ms Mazani said the telecommunications sector remains one of the “key economic sectors in our economy”, which should be nurtured for its full potential to be realised.
“Your contribution to the economy through voluntary tax compliance can never be underestimated.
“I therefore, want to encourage you to maintain your status as good corporate citizens.”
The breakfast meeting was attended by various telecommunications sector players including the regulator, the Postal and Telecommunications Regulatory Authority of Zimbabwe (Potraz). The Herald
Peter Moyo has been the subject of many debates and discussions this week following his victory over the so-called music giants of local showbiz last weekend.
The crowd at one of Peter Moyo’s shows
It is likely that his show tomorrow night at Miami Nightclub in Sunningdale will attract a capacity crowd since many music followers are eager to discover the young musician’s magic.
For those that missed the issue of last week’s “victory”, here is the story.
On the same night that the supposed crème de la crème failed to attract an expected crowd at Alexandra Sports Club, Moyo had a full house at East Point in the city centre, a few kilometres from the giants’ hunting ground.
It was an unexpected occurrence since Young Igwe, as Moyo is popularly known, was competing with a formidable drawcard combination that included Alick Macheso, Jah Prayzah, Suluman Chimbetu and Killer T.
Comparatively, the “Clash of Giants” concert might have attracted a number of fans higher than Young Igwee’s, but the turnout at Alex Sports Club was a far cry from expectations while attendance at East Point surpassed anticipations.
By this development, showbiz pundits unanimously declared Young Igwee winner of the battle of fans that night.
Although the victory does not suggest that Moyo is bigger than the stars that were at “Clash of Giants”, it shows the cumulative effect of the musician’s strengths in showbiz.
His major strength is consistency. Peter holds at least two shows every weekend and he has won the trust of his followers. Although he sometimes gets low numbers at the shows, the musician does not lose heart, he keeps on pushing.
He also utilises broad marketing avenues. The musician is active on many social media platforms including Facebook, Whatsapp, Instagram and Twitter.
Moyo is an administrator of about 15 groups that focus solely on his music.
He is also a member of many other social groups, which gives him an advantage when marketing his shows.
He regularly posts his show posters and videos from the gigs, which has aroused interest in some fans to attend his shows.
Another attribute that has given Moyo a better ground is gradual maturity.
In the beginning of his career the musician had a problem with professional issues. He would turn up late for shows and had a general problem with punctuality even when attending important appointments.
That problem has faded and the young musician is becoming mature.
His level of punctuality has improved, which has won him trust from show organisers and fans.
The most recent and more efficient trick for Moyo is luring ladies to his shows. It is a trick that worked well for his father and also for Jah Prayzah.
Most musicians that can lure ladies to their shows get a ripple effect of men being attracted to the gigs for social reasons.
Young Igwe’s father Tongai used common chants to praise ladies and they were his cash cow.
It is a fact that every place where beautiful ladies hang around become popular.
So, the “victory” that Moyo was only a manifestation of accumulating benefits of the young musician’s strategies.
He is not up there on the music ladder but he is definitely employing useful tactics to market his brand. The Herald
Businessman Wicknell Chivayo boards a prison van under the watchful eyes of Zimbabwe Prisons and Correctional Services officers after being initially denied bail at the Harare Magistrates’ Courts in August 2018
By Golden Sibanda
Intratrek Zimbabwe, founded by businessman Wicknell Chivayo, has filed a lawsuit at the High Court demanding $25 million from Zimbabwe Power Company (ZPC) in damages for alleged repudiation of a multi-million dollar contract for the construction of a solar plant.
Businessman Wicknell Chivayo boards a prison van under the watchful eyes of Zimbabwe Prisons and Correctional Services officers after being initially denied bail at the Harare Magistrates’ Courts in August 2018
According to the application case number HC8159 /2018 filed yesterday by Intratrek lawyers advocates Lewis Uriri and Thabani Mpofu, $15 million is for loss of profit, $5 million for costs of syndicating partnership with a Chinese partner (CHINT) and sourcing project finance from China Eximbank and another $5 million for reputational damage.
Intratrek said it was not averse to giving up the project given frustrations it suffered at the hands of ZPC, but that compensation amounting to $25 million would suffice for contract breaches by ZPC, as supported by evidence it submitted.
The claim follows a dispute that erupted between Intratrek and ZPC arising from an engineering, procurement and construction (EPC) contract signed between the parties for the construction of the Gwanda solar plant.
In or around 2013, the State Procurement Board (SPB), now Procurement Regulatory Authority of Zimbabwe (PRAZ), flighted a tender for construction of the 100MW photovoltaic solar power plant in Zimbabwe, which Intratrek submitted.
It was awarded the contract after a competitive bidding process in which a total of six companies participated.
The contract for the Gwanda solar project was awarded to the lowest bidder to specification. The parties signed a $172 million EPC agreement for the construction of a 100 megawatts solar power station in Gwanda.
Intratrek Zimbabwe, which engaged billion dollar asset firm and Shanghai Stock Exchange listed ChINT Electric as technical partner, claims the actions of ZPC were unlawful and without merit.
CHiNT is a $30 billion asset company with $12 billion annual revenue. It has developed over 5000MW solar plants.
ZPC claimed that Intratrek failed to satisfy the conditions precedent in time as contractually agreed by the parties.
The State power utility then took the decision to cancel the multi-million dollar contract. “Notwithstanding the open agreement between the parties, the applicant unjustly and prejudicially frustrated the respondent in satisfying the conditions precedent, thus rendering the applicant to have fictionally satisfied the suspensive conditions,” Intratrek averred in its application to the High Court.
“The applicant (Intratrek) considers the EPC contract as still extant and enforceable and view the respondent’s position as an excuse not to pay damages, which have become due and payable under the EPC contract,” Intratrek stated in court papers.
It premised his claims for damages and contract validity on the assertion that ZPC’s claims that the contract had expired at law because of the contractor’s failure to fulfil its conditions precedent were wrong since it was the one that frustrated execution of works.
Commencement of the contract was subject to certain suspensive conditions (or conditions precedent) being satisfied within 24 months from the day of signing of the contract, which is October 23, 2015.
The conditions precedent included signing of financing agreements (loan agreements coming into force and financial closure being reached), receipt of an advance payment guarantee, completion of bankable feasibility studies and production of an environmental impact assessment certificate, among others.
Intratrek claims ZPC was responsible for causing delays to the implementation of the contract through its failure to obtain an environmental impact assessment certificate and legal charges it instituted against Chivayo alleging fraud and corruption in the execution of the Gwanda solar plant project, which stalled progress in the implementation of the project.
Intratrek also said it was surprising ZPC filed for fraud charges relating to a contract it had voluntarily entered into with a contractor.
This was after ZPC had paid an initial $5 million for pre-commencement works without getting a bank guarantee.
Notably, when the contract time for fulfillment of conditions precedent lapsed, ZPC reportedly purported to extend the period until April 2018 through a letter, which Intratrek claims was a legal nullity, as the agreement only allowed for contract variation through an addendum or amendment by both parties.
Intratrek challenged ZPC to provide documented evidence to prove that it had officially communicated the position regarding the expiry or lapse of the contract or time if it ever raised the matter.
Nonetheless, Intratrek argued that there also was no provision in the contract that stated or insinuated that expiry of the contract was the competent method for each part to acquit of its obligations.
Further, Intratrek asserts that ZPC tacitly elected to waive its rights to terminate the EPC contract on October 23, 2017, being the performance stated in the original contract signed by parties, which meaning to this date the contract agreement remained open to each part until formally and correctly amended.
“For all material considerations therefore, the date for the satisfaction of the conditions precedent to the EPC commencement remains to be mutually agreed to by both parties through an amendment to the EPC Contract,” Chivayo said.
Intratrek also claims that it had agreed to an amendment to the contract, two months before ZPC filed charges claiming fraud and corruption, providing for direct payment of sub-contractors engaged to speed up completion of works under conditions precedent following the initial delays to the project execution. ZPC later allegedly declined to pay the sub-contractors, which Intratrek claims breached a payment clause.
“The objective of entering into an addendum was to address the delays mostly caused by the respondent in ensuring that pre-commencement works are completed within the earliest possible time.”
Intratrek said the “fictitious, malicious, and unsubstantiated” charges of fraud against the company and its founder Chivayo filed on December 12 2017 stalled implementation of the contract, as per amended agreement, barely a couple of months after the parties signed the addendum to the EPC contract.
Intratrek said how ZPC perceived the agreement it voluntarily signed as amounting to fraud remained shrouded in controversy, but was evident of the fact it that they were meant to frustrate its ability to perform its obligations.
This, Intratrek said, the criminal charges were indicative that the contractor will not perform on due date.
“It is palpably clear the respondent itself is in breach of the payment clause, which is a material clause under the addendum. Having amended the terms of the EPC contract, the respondent had no legal ground for alleging failure by the claimant to carry out contractual obligation,” Intratrek submitted.
“The totality of the fore going submissions is a clear testimony of the respondent’s disregard of the sacrosanct terms of the EPC contract.
The applicant therefore fictitiously fulfilled its obligations in relation to the conditions precedent to the commencement of the contract,” Intratrek further submitted.
Intratrek claimed ZPC would not play ball, either negating or rejecting, implementation of an alternative funding model it had proposed to minimise the impact of delays to the project even after Finance Minister Patrick Chinamasa had directed so. The Herald
