Magistrate defers convicted ex-ZPC boss’ sentencing - Zimbabwe Situation

Magistrate defers convicted ex-ZPC boss’ sentencing

Source: Magistrate defers convicted ex-ZPC boss’ sentencing | Newsday (News)

BY DESMOND CHINGARANDE

A HARARE magistrate yesterday deferred the sentencing of former Zimbabwe Power Company (ZPC) board chair Stanley Kazhanje, who was convicted of concealing a US$10 000 transaction he received from controversial businessman Wicknell Chivayo’s Intratrek Zimbabwe.

Kazhanje, who was convicted after a full trial by senior regional magistrate Hosea Mujaya, was awaiting his aggravation by State prosecutor Brian Vito before sentencing.

However, Vito indicated that he wanted to call a witness, who is also a former ZPC board member and current Zimbabwe Anti-Corruption Commission, commissioner Thandiwe Thando Mlobane.

Mujaya ruled that Kazhanje failed to submit evidence of receipt of the money or the nature of work done by his company, Terminal Engineering, at Intratrek
Zimbabwe.

Mujaya said ZPC’s former corporate secretary, Saidi Sangula, testified that Kazhanje had disclosed his interests at Intratrek.

He further ruled that even former Energy minister Dzikamai Mavhaire, who Kazhanje claimed to have declared his dealings with Intratrek, denied the claim.

But in his defence, Kazhanje had told the court that he declared his previous dealing with Intratrek to Mavhaire, his deputy and then permanent secretary.

“It is difficult for the court to believe that a man of his stature would have confused the two. It is not clear if the accused person directed the two politicians and the permanent secretary to relay his declaration to the board. I equally wonder if the accused person forgot to tell this court if he directed the three to relay his message to the board, “Mujaya said.

“This was a transaction between two established companies, but no paper trail was produced in court. A receipt or invoice could have been produced to prove that the transaction was legit. His intention was to deceive the board and whoever was his principal and is hereby found guilty.

The court heard that on October 23, 2015, Kazhanje signed an engineering, procurement and construction contract of a 100 megawatt solar panel station project with Intratrek Zimbabwe, fronted by Chivayo.

Kazhanje failed to declare his interests. ZPC paid Intratrek advanced payments of $1 236 154 for implementation of the project.

However, Intratrek did not fulfil its obligation and this resulted in ZPC management suggesting termination of the contract.

On January 21, 2016, under unclear circumstances, Kazhanje received US$10 000 into his First Capital Bank (Barclays Bank) personal account from Intratrek’s CBZ
Bank account.

Kazhanje presided over a meeting in which it was resolved that the power utility pays for services direct to Intratrek subcontractors, instead of terminating
the contract.

The court further heard that this resulted in ZPC paying $4 387 849 as advance payment despite that Intratrek had not fulfilled its obligation.

Kazhanje was influenced by this payment to decide in favour of Intratrek.

According to the State, Kazhanje failed to declare any interest upon his appointment as the chairperson of ZPC.

He also failed to recuse himself from ZPC meetings that held deliberations on Intratrek.

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