HARARE – Businessman Wicknell Chivayo has filed a US$25 million lawsuit against the Zimbabwe Power Company (ZPC) for alleged loss of business and a soiled image after the power generator caused his well-publicised arrest and prosecution for abusing US$5 million advanced to his Intratrek company to undertake the bungled US$173 million Gwanda solar project.
Hearing of the matter took off before High Court judge Justice Siyabona Musithu Monday with Chivayo taking it to the stand where he poured his heart out complaining the alleged fraud was costing him business opportunities.
The controversial businessman also told the judge he was still looking forward to completing the project despite setbacks he encountered over the recent years.
Chivayo was once cleared of wrongdoing by the High Court but the National Prosecuting Authority successfully appealed against him and his company resulting in the matter being referred back to the criminal court for prosecution.
Criminal trial is due to commence later this month.
In this case, Chivayo sued ZPC US$25 million for specific performance claiming that his contract was still valid.
He said ZPC did not have enough money for the project which was worth US$172 848 597.
“As part of the contract, I was to facilitate the raising of the funds and they would take care of the other stuff including ensuring that I get sureties,” he said.
Chivayo said he had now raised the required funds and went on to blame the contractor for continuously frustrating to a point where he failed to sign financial agreements for a long time.
The businessman said he ended up approaching the energy minister himself to get clearances after ZPC kept giving excuses.
Chivayo told court he used his own money to conduct feasibility tests, consultancy and housekeeping, another requirements.
“ZPC is in fact indebted to me,” he said.
He said it was disheartening that despite all the efforts he invested into the deal, he ended up being arrested.
He said his business operations have not been smooth since he got arrested.
“I can no longer do any projects due to the bad publicity I have received due to ZPC deal,” he said.
“I have lost potential business in Kenya and Tanzania. I went there to do business and I was told that I was a person who ran away with ZPC money,” he said.
Chivayo told court they carried out a site visit with ZPC officials who failed to report back; so he could not be blamed for that.
“Actually, we want to continue implementing the project for the benefit of Zimbabwe,” he said.
Trial is set to continue this Tuesday with Chivayo being cross examined by Daniel Tivadar, who is representing ZPC in the case.
Chivayo landed in the dock after he failed to construct a 100 megawatt solar project in Gwanda.
