By 
By Ross Moyo
Twelve years after winning the tender, Wicknell Chivayo’s Intratrek Zimbabwe has finally been given the green light to build — with Government ordering the company to conclude the stalled 100MW Gwanda Solar Project within 24 months.
The project is back on track after Intratrek received a formal “Notice to Proceed” from the Zimbabwe Power Company (ZPC), directing immediate mobilisation. But there’s a catch: site works will only begin after the release of an Advance Mobilisation Payment.
ZPC has revived the $132 million Contract to Chivayo’s Intratrek Given 24 Months To Finish the long awaited Gwanda Solar project years After Court Offered US$22 Million Alternative To Contract: — But New “Advance Mobilisation Payment” Demanded Despite US$5 Million Already Paid over a decade ago raises eyebrows.
COURT DID NOT ORDER CASH PAYOUT, IT GAVE ZPC A CHOICE
Between 2018 and 2026, the courts did not order ZESA/ZPC to make a direct unconditional cash payment to Chivayo. Instead the rulings gave ZPC an alternative: reinstate the US$172 million contract or pay damages.
In 2018 High Court Judge Justice Tawanda Chitapi initially declared the contract valid and ordered ZPC to engage Intratrek to move forward with the 100MW project within 60 days, or alternatively pay US$25 million in damages.
Following continued disputes, High Court Judge Justice Paul Msithu reaffirmed the contract’s validity on January 11 2023, listing an alternative US$22 million damages claim broken down as US$15 million for loss of profit, US$5 million for partnership syndication expenses, and US$2 million for reputational damage.
ZPC appealed that decision, but the Supreme Court dismissed the appeal on December 1 2023, confirming the contract remains valid and binding and that specific performance should apply.
After the final ruling, ZPC issued a public clarification confirming the judgment upholds the validity of the contract to build the power station rather than ordering an immediate cash payout of US$22 million to Chivayo. Chivayo also stated his priority was to execute the contract and construct the plant to help with the country’s power shortages rather than demanding damages from the state utility.
So in addition to the initial US$5 million paid in 2014/2015 for pre-commencement works, the courts between 2018 and 2026 did not direct any further cash to be paid out. The US$22 million was only an alternative if ZPC refused to proceed.
WHAT “ADVANCE MOBILISATION PAYMENT” MEANS AND WHY IT RAISES QUESTIONS
In big EPC contracts, an Advance Mobilisation Payment is an upfront amount paid by the project owner — in this case Government through ZPC — to the contractor to cover initial costs.
It pays for things like: setting up site offices, bringing earth-moving equipment to Gwanda, hiring engineers, buying initial materials, and securing performance guarantees.
Think of it as “seed money” to get the contractor on site before any construction starts. Without it, Intratrek cannot legally begin physical works despite having the Notice to Proceed.
Government’s correspondence made this clear: “site works will begin subject to the release of an Advance Mobilisation Payment.”
The question now is why another upfront payment is being demanded when US$5 million was already paid in 2014. Court records and joint ZPC-Intratrek reports show that advance was paid for pre-commencement works. At the time it was also noted the US$5 million was paid without a bank guarantee, a fact that later became part of court proceedings.
Intratrek has argued that the pre-commencement works equivalent to that US$5 million were completed, and that ZPC still owes Intratrek US$693 thousand with work valued at US$1,191,374 not paid for and yet to be executed. Chivayo himself has said the acquittal in 2024 vindicated him and that Intratrek “over-delivered by US$609 000”.
Viewed from a business angle, Chivayo comes out as a shrewd businessman who was acquitted and who managed to keep a US$172 million deal alive for 12 years. He faced cancellation, litigation and arrest, but used the courts to force ZPC to either pay US$22 million in damages or return to the contract. Government chose the contract. That leverage is why he is now back at the table, not because of corruption findings, but because the courts upheld the deal.
For public accountability, Treasury and ZPC will still need to show clear milestones, a bank guarantee, and audited reporting before releasing fresh funds, especially given Zimbabwe’s power deficit and tight fiscal space.
THE 24-MONTH DEADLINE
In a letter to Intratrek, ZPC invoked Clause 8.1 of the EPC contract:
“Pursuant to the provisions of clause 8.1 of the EPC contract, this letter serves as the formal Notice to Proceed with the full implementation of the contract. Accordingly, the contractor is hereby authorised to commence execution of the works and to take immediate occupation of the project site… The project duration shall be 24 months, in line with the agreed Programme of Works.”
ZPC also told Intratrek to “mobilise to the site and commence activities without delay” once the advance payment is released.
Intratrek executive chairman Wilson Manase confirmed mobilisation had started: “We are now proceeding with the immediate mobilisation of our project teams to site, together with earth moving and associated construction equipment… The requisite advance payment guarantee was established and submitted to your office through our technical partner, CHiNT Electric.”
A 12-YEAR SAGA FINALLY MOVING
Intratrek first won the US$172 million contract in late 2014, beating ZTE Corporation, Number 17 Metallurgical China, China Jiangxi International Corporation and Afriven Investments. The EPC cost was later reduced to US$132 million to reflect falling global solar prices.
But the project stalled due to Zimbabwe’s sovereign debt to China and litigation. ZPC cancelled the contract in April 2018.
The restated EPC contract was then signed on March 27 2025 between Government, through ZPC, and Intratrek Zimbabwe.
On the legal side, Chivayo has had a long run in the courts over this deal. He was arrested in August 2018 and charged with fraud and money laundering over the advance payment. In March 2019 the High Court upheld an exception, and he was later acquitted in 2024 with the court ruling the state had failed to establish a prima facie case. A separate charge of bribing former ZPC board chairman Stanley Kazhanje with US$10,000 was also dismissed. He also faced an earlier US$5.6 million fraud charge which collapsed in 2022 due to unreasonable delay.
That record matters. The courts ultimately acquitted him on the Gwanda-related charges and affirmed the contract is valid. He also served jail time in 2004 for an unrelated theft by false pretences case.
From a business perspective, his resilience is notable. Despite cancellation, arrests, and years of litigation, Intratrek kept the case alive, partnered with CHiNT Electric Co Ltd, a Fortune 500, multi-billion-dollar solar company headquartered in Shanghai, and has now secured a Notice to Proceed. Chivayo had even pledged to personally fund the first 10MW phase if needed. That is business acumen: staying the course, leveraging a technical partner, and using the courts to enforce a contract.
WHY GWANDA MATTERS NOW
Completing Gwanda is critical for Zimbabwe’s power crisis.
Zimbabwe has installed capacity of approximately 2 600 to 2 962 MW, but actual generation often runs between 1 400 MW and 1 600 MW against peak demand of 2 000 MW to 4 000 MW. That leaves a substantial deficit filled by expensive imports.
A reliable 100MW from Gwanda will feed mining, agriculture and industry, and help diversify energy away from vulnerable hydro sources at Kariba. Government says the project is “instrumental in achieving electricity self-sufficiency and enhancing energy security” under Vision 2030.
REPORTING AND OVERSIGHT
Intratrek will now be required to provide regular updates to the Office of the President and Cabinet, the employer’s representative and ZPC. The company must also submit periodic progress reports and meet all milestones and compliance requirements.
With the 24-month clock now ticking, all eyes are on the Treasury. The Advance Mobilisation Payment must come with strict conditions: a verifiable bank guarantee, phased disbursements tied to milestones, and public reporting. Zimbabwe cannot afford another decade of announcements without megawatts.
If those safeguards are in place, then Chivayo’s comeback — from courtrooms to construction site — could finally deliver the power Gwanda was promised in 2014.
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