icknell Chivayo travelled to South Africa after he got his passport back. Wicknell wanted to finalise contract negotiations with an unnamed company.


The State strenuously opposed the application, arguing that Intratrek had other directors who could represent Chivayo, but the court saw the need for him to be granted the relief he sought.

But the High Court considered that the State did not deny that the businessman and his company had business ties with the South African company.

“The applicant has demonstrated on a balance of probabilities that his attendance is required in South Africa for purposes of furthering the business interest of his company,” read the High Court ruling.

The court also took into account that granting of bail is made in recognition of the principle that a suspect is presumed innocent until proven guilty.

“Therefore, the correct approach is that the accused, who is on bail, must be allowed to continue to go about his life and the State should promote and be supportive of the applicant’s endeavours to earn a livelihood through lawful means, as long as allowing the applicant that latitude does not defeat the administration of justice.”

“Contract negotiations in the world of business are delicate and it is not uncommon that hard and concrete decisions are made from the top,” said the court.

“To argue that any director can represent the applicant’s company in circumstances where the other negotiating party has clearly indicated that it can only engage and finalise negotiations with the principal would amount to taking too simplistic a view of the matter and intricacies of contract negotiations.”


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