By A Correspondent | The Supreme Court has rule in favour of the Zimbabwe Power Company to allow it to rescind controversial businessman Wicknell Chivayo’s contract for the Gwanda Solar Power plant.

A bench comprising of Supreme Court judges Francis Bere, Elizabeth Gwaunza and Chinembiri Bhunu ruled that High Court Justice Tawanda Chitapi erred in not finding that there were serious intractable material disputes of fact which should have Intratrek’s application dismissed.

The bench ruled saying: “Undoubtedly there were serious intractable material disputes of fact incapable of resolution without viva voce evidence. It is therefore plain that the case at hand was riddled with serious material disputes…

“There were allegations and counter factual allegations as to who is to blame for the alleged breach of contract. There is also a dispute as to whether or not the contract has since expired due to the effluxion of time.

“Without any further ado, it is clear that this was a case incapable of resolution without going to trial to determine the merits on the basis of viva voce evidence. Intratrek’s endeavour to avoid trial in the face of glaring material disputes of facts gives the unmistaken impression that it has something to hide that could be unearthed in the course of trial proceedings.”

Chivayo, a Chikurubi Maximum convict, won a series of power tenders amounting to a combined USD780,000,000  in which he was paid a lumpsum off USD5 million during the time ZANU PF leader Emmerson Mnangagwa presided over the tender process in 2015.