Judgement reserved in ZPC-Intratrek solar deal fight

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By Mary Taruvinga

THE Supreme Court on Monday reserved judgement in a case which Zimbabwe Power Company (ZPC) is challenging a High Court ruling ordering the company to work with Intratek Zimbabwe owned by controversial businessman, Wicknell Chivayo.

The order further sought that if ZPC does not engage Intratrek by February 13, 2019, they would be deemed to have repudiated the contract and liable to pay full damages in the sum of $25 million to Intratrek.

Aggrieved by the ruling, ZPC appealed to the Supreme Court insisting that Intratek was in breach of the contract.

Intratrek Zimbabwe was represented by a London top lawyer Advocate Adrian de Bourbon who insisted that the contract between the parties still exists.

“In short, we support the High Court judgement and stand by it, ” said the lawyer.

The Supreme Court bench was chaired by Justice Elizabeth Gwaunza.

Bourbon added, “It is not correct to suggest that there two contracts between parties.

“There was one contract signed on October 23, 2015 and the first phase of the project was site establishment followed by the other work.

“Parties agreed to a 24 months’ satisfaction period and the contract could be terminated by parties at the lapse of the satisfaction period though a notice.”

The lawyer said Chivayo is aware of his obligations and ready to fulfil them.

Advocate Tawanda Zhuwarara, who is representing ZPC, told the court that material disputes of fact relating to the matter was known to respondents before the matter was set down for hearing.

He also said conditions of the contract was not satisfied and it lapsed.

In June this year, Justice Chitapi granted an application by Intratrek to proceed with the 100 megawatts Gwanda solar project, which had stalled after a contractual dispute with ZPC.

ZPC then challenged the outcome.

Chitapi granted the application by Intratrek saying ZPC case was very weak.