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Fidelis Munyoro Chief Court Reporter
Two Minerals Marketing Corporation of Zimbabwe (MMCZ) top executives have been acquitted of criminal abuse of duty as public officers, in a ruling which left former mines permanent secretary Professor Francis Gudyanga with egg on his face.

Acting general manager Mr Richard Chingodza and deputy general manager (finance and administration), Mr Hannan Chitate, were accused of fraudulently awarding themselves allowances and loans worth over $300 000 from the company.

After a fully contested trial, Harare regional magistrate Mr Elijah Makomo cleared the duo of the charges. In his ruling, Mr Makomo had no kind words for the key State witness and complainant, Prof Gudyanga.

He castigated him for maliciously targeting Mr Chingodza and Mr Chitate in a bid to get them out of his way and cover his back.

“There are several issues that indict the complainant on bad corporate governance and even some bordering on criminal abuse of that office by himself,” said Mr Makomo.

He said lawyers representing the duo, Mr Admire Rubaya and Mr Oliver Marwa, amply proved how Prof Gudyanga stole the corporation’s resources at will without any conscience restraining him from looting.

The court ruled that all monies paid to Mr Chingodza and Mr Chitate were properly paid and in accordance with their employment contracts.

“As a result, it is the view of the court that evidence before the court does not sustain proof beyond reasonable doubt in this case, the accused will, therefore, be entitled to acquittal on both the main and alternative charges,” said Mr Makomo.

The court found that Prof Gudyanga, who refused to reveal payments he made to mysterious characters, was an implausible witness. Mr Makomo noted that MMCZ and Prof Gudyanga failed to bring an audit to verify facts before bringing Mr Chingodza and Mr Chitate to court.

In essence, he said, the duo’s case was not even supposed to have been brought before the court, warning that the courts should not be used as audit offices.

“It turned out that the court was somehow turned into an audit firm where the accused had been brought to explain their payments,” he said.

“The function of the court is not to preside over an audit of some sort which happened herein, but to hear evidence showing that the payments received by an accused was not proper for reason so and so.”

It was also the court’s findings that Prof Gudyanga had selectively brought cases against the accused, leaving out other employees who received similar back- pays and allowances.

Mr Chingodza and Mr Chitate were being accused of failing to follow the reporting structure at MMCZ, which required them to carry out transactions through Prof Gudyanga, who was the corporation’s board chairman.

Meanwhile, former national football coach Kalisto Pasuwa yesterday appeared in court for allegedly illegally occupying a piece of land in Manyame, reports Herald correspondent Yeukai Karengezeka.

Pasuwa appeared before Chitungwiza magistrate Ms Yeukai Chigodora for contravening Section 7 of the Communal Land Act (Chapter 20:04) and pleaded not guilty to the offence. The trial has since been postponed to tomorrow.

The State alleges that on November 8, 2017, Manyame Rural District Council (RDC) security officer Mr Emmanuel Watyoka, who was conducting land development control operations in Rubatika or Zimunhu Village under Chief Seke communal lands, asked Pasuwa for an allocation letter or any other approval that authorised him to occupy the piece of land he claimed as his.

Pasuwa failed to produce any letter and a report was made at Dema Police Station, leading to his arrest.