Chivayo Ropes In UK-based Lawyer
Controversial businessman Wicknel Chivayo yesterday roped in UK-based Zimbabwean lawyer Advocate Adrian Phillip de Bourbon to respond to an appeal filed by the Zimbabwe Power Company.
ZPC’s appeal follows the High Court’s order by Justice Tawanda Chitapi which compelled the power company to sit down with Intratek director Chivayo and ensure the completion of the Gwanda solar project.
Chitapi ruled that the contract between Chivayo’s company Intratek Pvt Ltd and Zimbabwe Power Company was still subsisting but ZPC had frustrated the implementation of the contract with Intratek by its actions.
Chitapi was making reference to the 1oo megawatts Gwanda Solar Project which Intratek was tasked to complete in zoi6.
Justice Chitapi said ZPC’s continued refusal to sit down with Chivayo, to resolve the issue of discharging the parties’ obligations in terms of the Gwanda solar project contract, was a clear indication that the power company’s move was driven by “selfish, self-serving and ulterior reasons”.
In the current hearing, the Supreme Court led by Deputy Chief Justice Eliza-beth Gwaunza reserved the judgment of the Lawyer appeal.
In its heads of arguments led by Advocate Zhuwarara, ZPC argued that Intratek breached an agreement by not contributing $1 million, which it was supposed to inject into the partnership leading to the stalling of the contract signed over four years ago.
“The obligation of the respondent (Intratek Zimbabwe) was to provide partial funding for the pre-commencement activities of $1 000 000 towards the execution of the works.
“The applicant (ZPC) has already injected $3 310 736 into the project whereas the respondent has not performed its part of the contract,” ZPC’s acting managing director Zuwaracho Chikuri said in his affidavit.
“As agreed, the main engineering procurement contract is for US$172 848 597. “The amount thereof is substantial. I aver that it is best for parties to continue with such an important financial relationship only after their rights have been finally determined by the Supreme Court and not with the uncertainty of a pending appeal hearing over their heads,” said Chikuri.
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