Chivayo saga: Ex-minister Mavhaire faces arrest

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By Mary Taruvinga

FORMER Energy Minister, Dzikamai Mavhaire has been issued with an arrest warrant after he failed to turn up in court as a State witness.

Mavhaire was expected to testify against, Stanely Nyasha Kazhanje, Zimbabwe Power Company (ZPC) chairperson who is accused of pocketing a bribe from businessman, Wicknell Chivayo.

Leading the State, prosecutor Brian Vito of the President’s special anti-corruption unit told the court that Mavhaire “wrote to the State declining prosecution.”

Despite having communicated, Mavhaire was procedurally called three times and did not show up prompting Harare Regional magistrate Hosea Mujaya to issue an arrest warrant against him.

A lawyer who was representing Kazhanje successfully applied for a postponement on grounds that the lawyer seized with the matter, Advocate Slyvester Hashiti was at the Supreme Court.

“We were furnished with an additional witness statement and the defence would like to go through it. Also, the lawyer seized with the matter is currently held up at the Supreme Court,” Hashiti said.

Mujaya postponed the case to Wednesday but complained about lawyers bunking proceedings in the special anti-corruption court.

“When are we going to hear these matters ourselves. This issue of Advocates being absent is now trendy. I will not do anything about it now. Its just food for thought,” Mujaya said.

It is State’s case that on October 23, 2015 and while Kazhanje was still chairperson, ZPC signed an Engineering Procurement and Construction of a 100 Megawatt Solar Project with Intratrek.

Court heard that on or about December 11, 2015 to January 20, 2016, ZPC paid Intratrek $1 263 154 in advance for the implementation of the project.

However, the State alleged that Intratrek did not fulfill its obligation, resulting in the management suggesting termination of the contract.

On January 21, 2016 and under unclear circumstances, Kazhanje allegedly received $10 000 into his personal Barclay’s Bank account from Intratrek’s CBZ bank account.

It is the state’s case that in his capacity as ZPC’s board chairperson, Kazhanje presided over a meeting where it was resolved that ZPC must pay services direct to Intratrek subcontractors instead of terminating the contract.

This resulted in the in ZPC paying $4 387 849 as advance payment despite the fact that Intratrek had not fulfilled its obligation.

It is the State’s case that the $10 000 deposited into Kazhanje and the subsequent resolution not to terminate Intratrek’s contract gave rise to reasonable suspicion that Kazhanje was influenced by this payment to decide in favour of Intratrek.

By so doing, the state alleged that Kazhanje failed to declare any interests upon his appointment as the ZPC chairperson.