Zimbabwe's smart energy company denied any role in arresting and prosecuting businessman Harare and executive director of Intratrak Zimbabwe, Winel Chivayo, over allegations of fraud, corruption and money laundering in connection with the solar project of ZNK, Gwanda.
Chivaio is charged with corruption and fraud charges in a court of law over the way he manages a 100-megawatt solar project led by LCP after receiving an advance payment of $ 5m for a LCP project without a bank guarantee.
In its answered statement in the "Intratrack" case, it is alleged that the violation of the contract by the LPC submitted to the High Court on November 14, 2018, the JKC refutes Infratrec's claim that it frustrated the agreement, causing delays in the implementation of the Gandha solar project.
Furthermore, the state-owned electricity company also denies participating in causing the capture of Chivayo.
The plea bargaining between ZKK and Intratrak has since been pronounced for debate by the High Court on the contrary on November 26, 2018.
Although the ZPC was allegedly deceptive or corrupt prejudice in the Gwanda solar project, which led to the arrest and prosecution of Chivajo, the electricity company denied any hand in the arrest of a controversial businessman.
"It is important to note that the allegations that the interviewee caused the arrest of the applicant's chief executive (Civajo) is obviously inaccurate and should be disregarded by this honorary court.
"As emphasized in the contested notification of the defendant, he did not at any time file an indictment against the applicant general manager.
"Although it has been proven to prove that the accused was brought before the defendant, the applicant did not furnish such evidence," the LCP submitted it to the High Court.
When the Chivayo prosecution began after his arrest at Robert Gabriel Mugabe International Airport in August, on charges of fraud, money laundering and opposition to the Exchange Control Act, the applicant was a LCP represented by a member of the board Tandyve Mollane.
The ZPC has since threatened to cancel an $ 173m contract for engineering procurement and construction (EPS) signed between the parties in October 2016 to build the Gwanda solar power plant, citing the violation of the Intratrak contract at Chivayo.
The state-run power sector decided and awarded a solar project in Gwanda for the company Civajo in 2016, which was also approved by the then Board of Public Procurement, now the Zimbabwe Public Procurement Administration.
The energy company claims that "Intratrak" failed to fulfill its obligations (conditions precedent) as stated in the agreement, specifically the completion of specific works within the agreed timeframes.
But Intratrak denies the allegations and instead accuses the LCP of causing delays in project implementation through inability to obtain an environmental impact assessment certificate and fraud charges allegedly brought against Civajo in December 2017, citing fraud and corruption in the execution of the Gwanda Solar Factory Project.
Intratrack argues that LCP behavior has allegedly blocked progress in the implementation of the Gwanda solar project.
Intratrack Zimbabwe was a partner with $ 33 billion in assets and the Shanghai Stock Exchange on the list CHiNT Electric Co to take on a solid multi-billion dollar project.
Also determined by the High Court for determination is the dispute over the payments made for the work performed by Intratrek, which the company claims to be due to further works under previous conditions, with the alleged abolition of LCP exposure, ZPK refused to respect them.
But ZPC insisted that "Intratrak" could not have the right to submit payment requests, as the electricity company should directly do the subcontractors to speed up the project, saying the value of the outstanding works is still 1.8 million dollar, said in July this year.
The electricity company then admitted that the value earned from the undertaken works, which he said included geotechnical research, topographic survey, fencing and distance, and feasibility report, amounted to $ 2,012 million. This left the company's outstanding exposure in July to $ 1.8 million.
Since then, Intratrack has submitted to the High Court that from that moment on, in July 2018, he subsequently carried out further work that completely extinguished the LCP exposure from 5 million dollars to the point that was now entitled to further payment, which was established in relation to contract. Herald