Zvikomborero Parafini, Court Reporter
Businessman Wicknell Chivayo, who is being charged for bribery, yesterday filed an application for discharge following the close of the State case.
The State is alleging that Chivayo and his company Intratek Zimbabwe paid US$10 000 to Engineer Stanley Kazhanje the then Zimbabwe Power Company and the money is alleged to have constituted an inducement to facilitate favorable decisions from the board of directors at ZPC.
In his application for discharge, Chivayo claimed that the State’s charge sheet does not include pertinent facts that include that it does not specify the favorable decisions that were made by the board of directors, and it doesn’t even tell him or the court potential favors that could be allotted to Chivayo and Intratek.
He also told the court that the charge merely alleges that Engineer Kazhanje was not entitled to the payment but doesn’t state why this is so and that consequent to the payment one would have expected the charge to allege acts or omissions by Kazhanje that the court can safely conclude were induced by the payment as bribery is primarily intended to solicit favors.
Chivayo claims that the State’s case must collapse at this stage because no evidence has been led by the State that can be used by the court to safely find that the payment of US$10 000 into Kazhanje’s personal account was nothing other than payment for services rendered and the High Court has already said so.
Kazhanje was convicted for concealing a previous transaction with Intratek to the ZPC board for some consultancy work he had done for them and his appeal was thrown out by the High Court earlier this year.
Chivayo also argued in his discharge that no witnesses amongst those called can testify to the circumstances in which the payment was made as they were not there and they cannot witness the fact to an event they did not perceive and the witnesses from the board accepted that Kazhanje never induced anything in favor of Kazhanje and Intratek and he had no powers to act in the manner suggested by the outline as a non-executive director.
Prosecutor Cecilia Mashingaidze is yet to file a response.
The matter is back in court today for oral submissions.