By Staff Reporter
It never rains but pours for embattled flamboyant businessman, Wicknell Chivayo whose acquittal in a fraud case has been reversed by the Supreme court.
The court said Chivayo must face charges of his US$5,6 million fraud case involving Zimbabwe Power Company’s Gwanda solar project.
Following a successful appeal launched by the National Prosecution Authority (NPA) to the Supreme Court three-judge panel comprising of Deputy Chief Justice Elizabeth Gwaunza, Justice Rita Makarau and Justice Susan Mavangira. The panel unanimously allowed the appeal against the High Court decision which had absolved Chivayo.
The three-judge panel argued in their judgement that, “High Court erred in interfering with the unterminated criminal proceedings before the trial magistrate Mr Lazini Ncube and ruled that the fraud trial could now proceed.”
The overturned ruling by high Court, Justice Tagu would amount to violation of the constitution, which provides protection upon the doctrine of sanctity of contracts. His judgement underscored that criminal sanctions would not apply in inherently civil cases.
The supreme court ruling of yesterday means that attempts by Chivayo and his defence team to quash the charges through an application for the exception have been thrown out by the trial court.
