The Zimbabwe National Army (ZNA) has dragged a company that it contracted to repair its radio test equipment and failed to deliver after being paid $103 000.
According to court papers, the applicants are Defence and War Veterans minister Constantino Chiwenga and commander of the ZNA Edzai Chimonyo, while the respondent is Pinepam Freight (Private) Limited.
The court further heard that Pinepam Freight (Private) Limited was under the obligation to export back the repaired equipment together with any obsolete equipment.
“It was a term of the contract that the plaintiffs will make an advance payment to the sum of $103 925 including Vat (Value Added Tax) to the defendant in order to facilitate the repairs and calibration.
“Once the equipment is repaired and calibrated and before it is re-exported to Zimbabwe, the ZNA officials would conduct a pre-shipment inspection to decide on whether the defendant has done the job according to their specifications,” the ZNA said.
Pinepam Freight (Private) Limited is said to have written a letter to ZNA advising that the repair and calibration of the equipment had been completed. Pursuant to this letter, the ZNA paid $4 500 on October 31, 2014 and another $99 225 on April 15, 2016.
“On July 13, 2016 and in line with the agreed terms of contract, ZNA sent its officials to SIFC Marketing in South Africa to conduct a pre-shipment inspection, who discovered that the defendant did not perform their obligations as agreed.
“The plaintiffs then engaged the defendant in order to cause it to perform according to the terms of the contract in view of the fact that payment had already been made but the defendant was not forthcoming,” ZNA said.
It further said until to date, Pinepam Freight (Private) Limited has not taken any action towards remedying the situation.
“Despite demand, the defendant has failed or refused to refund the funds advanced to them and to return the ZNA radio test equipment,” the court was told.
The High Court is yet to make a determination in the matter.