ZPC approaches Supreme Court over Chivayo Solar Power contract

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By Mary Taruvinga

The fight between Zimbabwe Power Company (ZPC) (Pvt) Ltd and Intratrek Zimbabwe (Pvt) Ltd owned by controversial businessman, Wicknell Chivayo has escalated to the Supreme Court.

ZPC is accusing Intratrek of breaching 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 power company is now seeking to appeal the order compelling it to work with Chivayo.

“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, it is for the sum of 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.

ZPC’s appeal follows the High Court’s order which compelled the power company to sit down with Intratek director Wicknell Chivayo and ensure the completion of the Gwanda solar project.

Last month, High Court judge Tawanda Chitapi castigated ZPC’s approach to finding common ground with Chivayo, by finding a lasting solution to the parties’ 2015 business impasse.

Justice Chitapi said ZPC’s continued denial 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”.