By Tarisai Machakaire
Civil Service Commission permanent secretary Francis Gudyanga has been removed from remand in the case he is being charged with criminal abuse of office.
Gudyanga, 70, appeared before Harare magistrate Edwin Marecha together with Mines ministry officials Sibondubuhle Mpindiwa, 35, and Jacqueline Munyonga, 41.
He has another pending case of abuse of office on allegations that he awarded himself $29 000 in board sitting allowances during his time at Minerals Marketing Corporation of Zimbabwe (MMCZ).
Marecha advised the State to proceed by way of summons when ready and ruled there was no need to keep Gudyanga and his accomplices if they were not being tried.
“The docket is now ready and investigations in this matter have been completed but the State continuously requests for postponements. I do not see any prejudice that will be suffered by the State if accused persons are removed from remand,” Marecha said.
The complainant is Mines ministry permanent secretary Munesushe Munodawafa.
Mpindiwa is acting provincial Mining director Masvingo and Munyonga the legal advisor.
Prosecutor Linda Gadzikwa alleged that sometime in 2003 Reedbuck Investments had mining rights at Lenox Mine and entered an agreement of sale of two claims with Two Flags (Pvt) Ltd and informed Masvingo Mining commissioner.
The court heard that Two Flags then filed papers for change of ownership but Gudyanga never instituted the process of registration.
It was alleged that in 2006, instead of registering the mine in Two Flags name, Gudyanga and Mpindiwa facilitated the registration of Lamona Enterprises (Pvt) Ltd authorising it to run the mine.
During the same year Gudyanga and Mpindiwa caused the transfer of mining claims from Lamona Enterprises to Tambanashe Investments (Pvt) Ltd and issued a certificate.
In 2015, Two Flags filed a lawsuit against then Mines minister Walter Chidhakwa over mining rights and Gudyanga and Munyonga who had legal basis to respond to the suit never took any action.
The court heard that a default judgment over the mining rights was subsequently granted in favour of Two Flags under High Court Order 11857/15 to the prejudice of Tambanashe Investments.
On January 23, Gudyanga, Mpindiwa and Munyonga then issued a certificate of registration-after-transfer in the name of Two Flags and cancelled a certificate of registration for Tambanashe Investments.
According to court papers the trio’s conduct was inconsistent with their duties as public officers. DailyNews