Connect with us

News

High Court upholds Chivayo’s US$22 million damages claim, reinstates Gwanda Solar project

Published

on

BY MARY TARUVINGA

The High Court has with immediate effect reinstated businessman Wicknel Chivayo’s controversial Gwanda solar project ruling that Zimbabwe Power Company (ZPC) was in breach of their contract.

Advertisement

Chivayo, through his company Intratrek Zimbabwe (Pvt) Ltd (Intratrek) had sued the Zimbabwe Power Company (ZPC) US$22 million for defamation and his application was upheld by the courts.He had argued ZPC had tarnished his integrity by getting him arrested on fraud allegations emanating from the named project.

After being cleared by the courts Chivayo sued ZPC last year accusing it of breaching their deal, which he successfully argued was still valid.High Court judge Justice Siyabona Musithu upheld Chivayo’s application in a judgement handed down Wednesday morning 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.

Advertisement

“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 re-convention is hereby dismissed with costs. The defendant shall pay the plaintiff’s costs of suit in the claim in convention.”

The ruling brings to an end the legal dispute that has been between the parties since 2015.

Advertisement

The agreement between ZPC and Intratrek was signed subsequent to 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.

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

Advertisement

In his Judgement the judge criticised ZPC for trying tormenting its legal contractor who won the project in an open tender.

The judge showered praises on Chivayo who was the sole witness during the trial.

He said he was consistent and trustworthy.

Advertisement

Alternatively, Intratrek had argued that it should be granted an award of damages in the sum of US$25 000 000 as it had incurred expenses whilst trying to secure funding for the project.

The judge ruled, “The plaintiff maintained that it was required under the contract to secure funding for the entire project through a debt financing arrangement.

“The plaintiff was expected to engage in a robust and expensive process of engaging international banks and project financial institutions. It incurred expenses in the sum of US$3 000 000 from 2013 to 2018.

Advertisement

“Further, the contract itself was of significant value and if it was to be implemented, the plaintiff expected to realise a return on investment of US$22 000 000. As a result of the breach the plaintiff had therefore suffered a loss of profit.” Source NewZimbabwe

Advertisement
Continue Reading
Click to comment

Leave a Reply

Your email address will not be published. Required fields are marked *

News

Police Hunt For A Nkayi Murder Fugitive

Published

on

By

BY STAFF REPORTER 

A Nkayi man is reportedly on the run after allegedly assaulting a fellow villager with an unknown object on the head on New Year’s Day. 

Advertisement

Police have identified the fugitive at Joinisa Tshuma from Dabe village who is being sought for a murder charge. 

“ZRP is appealing for information which may lead to the arrest of Joinisa Tshuma who is being sought in connection with a case of murder in which Mcebisi Moyo died on 07/01/24,” police appealed. 

“The suspect allegedly assaulted the victim on the head with an unknown object near a bush in Dabe Village, Nkayi on 01/01/24 before he fled the scene.”

Advertisement

According to police, the victim sustained some head injuries and he was admitted at Nkayi District Hospital where he succumbed to the injuries.

Meanwhile, Police in Machipisa are also  investigating a case of murder which occurred on Wednesday, in which a yet to be identified male adult approximately aged 30 years who was wearing a yellow t-shirt, black trousers, black gum boots and a black cap, was found lying dead with a stab wound on the back near Mapuranga Transport Service Garage in Harare. 

Police are also appealing to the public with information surrounding the incident. 

Advertisement

“Anyone with information to report at any nearest Police Station.” 

Advertisement
Continue Reading

News

Full ZRP Statement on Armed Robberies Raiding Elite Schools 

Published

on

By

As the schools open, parents and guardians are in the process of paying school fees, levies and other related school costs, for their children.

School authorities are therefore urged to deposit all monies at financial institutions to curb armed robbery cases.

Advertisement

The issue of collecting cash by school authorities at schools should be reconsidered given the recent armed robbery cases.

The Police has recorded armed robbery cases in Bulawayo and Chinhoyi in which schools are being targeted.

In one of the cases, unknown suspects pounced at George Silundika High School at corner George Silundika Street and Third Avenue, Bulawayo on 06th January 2024, where they stole US$17 280.00 cash which was in a cash box.

Advertisement

In another case which occurred at Lomagundi College, Chinhoyi on 09th January 2024, 12 unknown suspects attacked security guards before stealing an undisclosed amount of cash, a Mazda Tribute motor vehicle, cellphones and laptops, among other valuables.

School authorities are urged to step up security measures at schools and employ guards from reputable security service providers who constantly monitor and review deployments.

Above all, school authorities should install CCTV at points of entry and administration offices.

Advertisement

The Zimbabwe Republic Police is concerned that some of these robbery cases are resulting from leakage of information.

Members of the public are warned that those who provide inside information to robbery syndicates will be arrested.

Police crack teams are firm on the ground and will pounce on armed robbery syndicates for the law to take its course in earnest.

Advertisement

Continue Reading

News

ARTUZ condemns government for opening of school amid Cholera outbreak

Published

on

By

BY NOKUTHABA DLAMINI 

The Amalgamated Rural Teachers Union of Zimbabwe (ARTUZ) has condemned the government’s decision to reopen schools due to the cholera outbreak wreaking havoc in most parts of the country, labeling the move reckless and disregarding the pressing concerns raised by parents and teachers. 

Advertisement

Statistics released by the Ministry of Health and Child Care last week showed since the outbreak of cholera, Zimbabwe has recorded 15 137 suspected cholera cases, 1 759 confirmed cases, 14 578 recoveries, 67 confirmed deaths and 266 suspected deaths.

“We vehemently condemn the government’s reckless decision to open schools amidst the widespread cholera outbreak, completely disregarding the pressing concerns raised by parents and teachers,” reads the statement.

“We demand that the government immediately mobilize substantial resources to ensure the safe reopening of schools because our children deserve nothing less than a secure and conducive learning environment. 

Advertisement

“It is the duty of the government to provide sanitary solutions and ensure the safety and well-being of our children.

The union also called on the government to consider an upward increment of teachers’ salaries, criticizing the government’s lack of engagement with educators, particularly regarding their ongoing demand for a US$1 260 salary.

“Also, it is utterly disappointing to witness such a hasty move without even bothering to engage with the educators who have been tirelessly advocating for a just salary of US$1260.

Advertisement

“The safety and welfare of our students and teachers should be the utmost priority, but it seems that the government is callously neglecting this responsibility.

“It is high time for the government to prioritize the well-being of our education system and take meaningful action to address the urgent needs of our dedicated teachers. ” 

Advertisement
Continue Reading

Trending

Copyright © 2022 VicFallsLive. All rights reserved, powered by Advantage