The Supreme court reserved judgement in the case in which the National Prosecuting Authority (NPA) is challenging the high court’s ruling to acquit Chivayo on fraud charges in the Gwanda Solar energy deal, The Herald reports.
The presiding judge Justice Owen Tagu ruled that Wicknell and Intratrek had no criminal case to answer as the matter between ZPC and Intatrek was contractual.
According to the publication:
Justice Tagu’s judgment criticised the State for “malicious prosecution” of Mr Chivayo on a contractual dispute incapable at law of being resolved through the criminal justice system.
He ruled that compelling a civil matter to be determined by the State through the criminal justice system was not only wrong but set a dangerous precedent if not tamed at its inception.
In addition, Justice Tagu said that if the courts allowed such prosecutions to occur in this country, no investor would open themselves to the extreme exigencies of having the fate of their investment determined by a criminal court.
More: The Herald