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Former Mines secretary flees trial

ZimDecides18
A HARARE magistrate yesterday issued a warrant of arrest for former Mines ministry secretary Francis Gudyanga after he failed to attend trial, in a case he is accused of criminal abuse of office.

A HARARE magistrate yesterday issued a warrant of arrest for former Mines ministry secretary Francis Gudyanga after he failed to attend trial, in a case he is accused of criminal abuse of office.

BY DESMOND CHINGARANDE

Gudyanga, who is being charged together with former Mines minister Walter Chidakwa, applied for the release of his passport early this month to visit South Africa to receive medical attention and was expected to appear before magistrate Estere Chivasa for trial.

On his last remand date, Chivasa dismissed Gudyanga’s application to have the State furnish him with classified documents, which include Cabinet minutes and files to prepare for the trial.

In dismissing the application, Chivasa said the two could not hold the court to ransom and delay the trial, as the documents were not in the hands of the State and needed Cabinet approval.

She said it was the duty of the defence to acquire any documents which they think may aid their clients.

Allegations are that sometime in May 2015, Gudyanga, who in his capacity as the permanent secretary for the Mines and Mining Development ministry, allegedly received appeal correspondence from Ronald Mugangavari.

Mugangavari was allegedly appealing against a determination by the provincial mining commissioners for Masvingo and Midlands, identified as C Phiri and Tapererwa Noel Pasikwavaviri.

The State alleges the appeal was in connection with a mine ownership dispute between Herbert Hwekwete and Mugangavari.

It is alleged Chidakwa and Gudyanga, knowing that they did not have jurisdiction to deal with such an appeal, went on to nullify the determination made by Phiri and Pasikwavaviri showing favour to Mugangavari.

The State alleges according to the Mines and Mining Act, appeals against a determination by a mining commissioner is handled by the High Court.

It is alleged the unlawful decision of the accused persons resulted in Mugangavari unlawfully returning to the mine, where he conducted mining activities.

The State alleges on July 4 last year, Mugangavari allegedly shot and injured Hwekwete and his cousin brother Robert.

The shooting allegedly took place after the two victims had visited the mine at the centre of the dispute.

Mugangavari allegedly continued to deny the rightful owners of the mine access to the mine basing on the determination of Chidakwa and Gudyanga.