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Nyore Madzianike-Senior Court Reporter 

HARARE regional magistrate Mr Ngoni Nduna has acquitted former Zimbabwe Power Company (ZPC) board chairperson Stanley Kazhanje on bribery charges after he successfully applied that the offence be dismissed on the basis that he had been previously convicted on same allegations.

Kazhanje, through lawyer Tawanda Nyamakura, had argued that he could not be prosecuted twice on allegations that he was convicted of. 

He was being jointly charged with businessman Wicknell Chivayo and his company Intratrek Zimbabwe, who are alleged to have bribed him with US$10 000 in return for favour of awarding them a tender.

Chivayo and his company are denying the charges saying the payment made to Kazhanje was for consultancy work he did for Intratrek Zimbabwe through another company called Terminal Engineers. 

They argued that the consultancy services to Terminal Engineering were rendered before Kazhanje was appointed ZPC board chairperson. 

In acquitting Kazhanje last Friday, Harare regional magistrate Mr Ngoni Nduna said: “In the instant case, the third accused (Kazhanje) was tried before a competent court for a certain offence arising out of same facts and in such trial, he was convicted. 

“Hence, the immunity against another trial for an offence arising out of the same facts is squarely attracted in the facts of the case. This court will therefore not fail to appreciate the scope and ambit of our law in this respect and will reject the contention of the State that this subsequent trial is maintainable. 

“Accordingly, it is found that the plea of autrefois convict (previously convicted) is successful and accused three is accordingly discharged from this prosecution. 

“He is found not guilty and is acquitted.”