HARARE – Former Zimbabwe Power Company (ZPC) board chairman Stanely Kazhanje took a bribe from businessman Wicknell Chivhayo to act as an “inside man” for the latter’s company, a court ruled on Thursday.
Chivhayo’s Intratrek Zimbabwe was on the cusp of having a US$172 million contract to construct a 100MW solar power plant in Gwanda cancelled for non-performance when US$10,000 was deposited in Kazhanje’s bank account from Intratrek, the court heard.
When senior ZPC management was pushing for a cancellation of ZPC’s contract, prosecutors said Kazhanje – who had not declared his dealings with Intratrek – opposed the move, instead suggesting that ZPC should pay Intratrek’s suppliers directly instead.
Harare magistrate Hosea Mujaya said he was not persuaded by Kazhanje’s defence that he was being paid for prior consultancy services performed by his company, Terminal Engineers.
Kazhanje had insisted he declared his deals with Intratrek to former Energy Minister Dzikamai Mavhaire, who however testified during the trial that he had no recollection of such a discussion.
“The accused had received training through orientation and knew what was expected of him,” said Mujaya on a requirement by Kazhanje to declare his interest on matters being discussed by the board.
The defence team, led by Sylvester Hashiti, had not led any evidence to prove that Kazhanje had taken steps to inform the board of a potential conflict of interest, Mujaya said.
“I equally wonder if the accused person forgot to tell this court if he directed the former minister to relay his message to the board, “Mujaya said.
Mujaya said Kazhanje’s defence of a legitimate transaction between his company and Intratrek was also porous because there was no paper trail.
“A receipt or invoice could have been produced to prove that the transaction was legitimate,” he said.
Mujaya then ruled it was Kazhanje’s intention to deceive the board and his principals.
“The accused is hereby found guilty,” Mujaya ruled as he convicted Kazhanje of criminal abuse of office.
Kazhanje’s lawyers tried to seek temporary freedom pending sentencing on Friday but the magistrate said presumption of innocence “falls off following conviction” as he remanded him in custody.
He is expected to present his mitigation before sentencing in Friday.
Tinashe Makiya prosecuted.
