Tendai Rupapa Senior Reporter
The trial of Intratrek Zimbabwe managing director Wicknell Chivayo continued on Friday with Zimbabwe Power Company (ZPC) financial director Mr Eubert Chiwara confirming that the businessman was awarded the tender after recommendations by the ZPC evaluation committee and the then State Procurement Board.
Chivayo and his company are facing charges of defrauding ZPC of over $5,6 million he received for the Gwanda solar project.
The State witness, Mr Chiwara, was back on the witness stand being cross-examined by Chivayo’s lawyer, Advocate Lewis Uriri, instructed by Mr Wilson Manase.
Advocate Uriri asked Mr Chiwara to confirm if Intratrek was one of the three companies out of six whose bids were compliant with the law and he confirmed it.
Mr Chiwara confirmed that ZPC and the board did evaluations and awarded the contract adding that the ZPC chain manager was more privy to how the evaluation was done.
Advocate Uriri said it was incorrect for the State to allege Chivayo prejudiced ZPC of $5,6 million when work valued at $3,6 million was done at the site.
He referred to an evaluation report by ZPC engineers which he said indicated ill-performance of $1,8 million.
“It is alleged accused was paid without an advance payment guarantee, but for some of the payments made, there was no need for advance payment guarantee because it was not an advance payment. ZPC was paying for work already done not which was to be done,” he said.
He said though Chivayo did some of the work at the site, it was not complete.
Advocate Uriri said Chivayo did most of the pre-commencement work at the site, but could not finish after ZPC failed to obtain an Environment Impact Assessment certificate from EMA.
“ZPC had the obligation to secure EMA certificate within those 24 months. Accused could not do some of the work because at law you cannot do any project without being certified by EMA,” he said.
Advocate Uriri said if there was malperformance, ZPC should seek remedy through civil route or arbitration.
Magistrate Mr Lazini Ncube remanded the matter to March 28 when the State is expected to call its second witness.
Mr Zivanai Macharaga prosecuted.