Nyore Madzianike Senior Reporter
FORMER ZESA Holdings group chief executive officer Joshua Chifamba has been acquitted of criminal abuse of office charges, in which he was jointly charged with former Energy Minister Elton Mangoma and Zesa Enterprise managing director, Tererai Luis Mutasa for engaging a South Korean electricity company in a local project without the Treasury and board’s approval.
Chifamba, who was being represented by lawyer Admire Rubaya, was acquitted at the High Court after he sought a reveal on the dismissal of his application for discharge at the close of the State’s case by Harare magistrates Francis Mapfumo.
In his application for discharge at the close of the State’s case Chifamba, through lawyer Rubaya argued that the State had failed to establish a prima facie against him.
Chifamba also submitted that Zesa Enterprises was not a procurement entity and it was not a statutory corporation.
He argued that it was not a legal requirement to go to tender before the partnership agreement was entered into between Techpro and Zesa Enterprises.
He said, with that in mind, they did not act contrary to or inconsistent with their duties by engaging the South Korean company without going to tender.
High Court judge Justice Benjamin Chikowero ruled that the trial magistrate Mr Mapfumo erred when he accepted Chifamba’s argument.