FORMER Mines permanent secretary, Francis Gudyanga was yesterday removed from remand by a Harare magistrate in a case in which he is accused of fraudulently facilitating the issuance of a certificate of registration to an undeserving company.
The State represented by Ropafadzo Botsh had asked the court for postponement, saying the docket has been sent to the Prosecutor General’s office for perusal. But despite that the suspects were on remand for only two months, Marecha ruled that the State had failed to provide a trial date within a reasonable period.
Gudyanga was represented by Tafadzwa Muvhami, while Mpindiwa and Munyonga were represented by Admire Rubaya.
The complainant in the matter was the Mines and Mining Development ministry represented by Munesuishe Munodawafa.
Allegations were that sometime in 2003, Reedbuck Investments had mining rights at Lenox Mine and entered into an agreement of sale with a company called Two Flags Trading and informed Masvingo mining commissioner. Two Flags Trading company then filed papers for change of ownership, but Gudyanga never instituted the processes for registration.
The State alleges in 2006, instead of registering Two Flags Trading, Gudyanga and Mpindiwa facilitated the registration of Lomona Enterprises (Pvt) Ltd and authorised it to run the mine.
It is alleged during the same year, Gudyanga and Mpindiwa caused the Mines ministry to transfer mining claims from Lamona to Tambanashe Investments represented by Edgar Mashindi and issued a certificate of registration to the latter.
The State alleges, in 2015, Two Flags Trading filed a lawsuit against the former Mines minister Walter Chidakwa over mining rights, Gudyanga and Munyonga, who had legal duty to defend, did not respond to the lawsuit leading to a default judgment granted in favour of Two Flags Trading, prejudicing Tambanashe Investments.
On January 23 last year, the trio issued a certificate of registration to Two Flags Trading Company before cancelling Tambanashe Investments’ licence.
The State alleges, to cover up the offence, Gudyanga allegedly published an advert in the Government Gazette, purporting that Reedbuck Investments had lost its certificate of registration. The trio’s conducts was allegedly inconsistent with their duties as public officers.
Source : Newsday