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Nyore Madzianike Senior Reporter
Harare magistrate Mr Hosiah Mujaya has expressed disappointment over poor communication between the Special Anti-Corruption Unit and the National Prosecuting Authority when it comes to the handling of cases.

Mr Mujaya said courts did not enjoy postponing matters as a result of poor communication.

He said this after the State sought for another postponement in a matter in which former Secretary for Mines and Mining Development Francis Gudyanga is standing accused of defrauding the Minerals Marketing Corporation of Zimbabwe (MMCZ) of US$1 629 500.

State representative from the Special Anti-Corruption Unit Ms Venerandah Munyoro said the prosecutor who was handling the matter had travelled to Egypt.

She said efforts to contact Mr Tabani Mpofu, who was handling the matter, were fruitless, suggesting that he was not yet back in the country.

“We seek postponement of the matter since the prosecutor who was handling the matter, Mr Mpofu, has travelled and efforts to communicate with him were fruitless,” said Ms Munyoro. “It appears as if he is not yet back.”

Gudyanga, through his lawyer Mr Norman Mugiya, made an application to be removed from further remand, arguing that the State was not yet ready to commence trial.

He indicated that he wanted his trial to be heard in camera because of the nature of evidence he was expecting to present during his hearing.

Gudyanga made the indications while opposing the State’s application to have the matter set for July 8 since the prosecutor who was handling the matter was not available.

He argued that he has been on remand for nearly a year and his matter was postponed on several times at the insistence of the State.

Gudyanga said he wanted to be removed from remand since the State did not have the docket of his case.

Mr Mujaya set the matter for July 8.

Meanwhile, another Harare magistrate Mrs Barbra Mateko yesterday postponed the matter in which public prosecutor Edmore Nyazamba is facing charges of criminal abuse of duty as a public officer after he allegedly failed to oppose an application for exception by former Cabinet minister Supa Mandiwanzira.

Mandiwanzira was eventually acquitted of all the charges involving breach of procurement regulations when he awarded a $218 million contract to Megawatt, a South African-based consultancy company, on behalf of NetOne.

Nyazamba (42), who is on $200 bail, is being accused of acting contrary to his duties when he failed to lodge relevant papers in opposing Mandiwanzira’s application seeking review of the trial court’s proceedings.

Prosecutor Mr Sebastian Mutizirwa asked the court to postpone the matter to August 1 saying the docket was being referred to the Prosecutor-General’s Office for perusal and opinion.

Responding to Mutizirwa’s application, Nyazamba’s lawyer, Mr Bekithemba Mlauzi, told the court that he was putting the State on notice and if they are not ready for trial on the next remand date, he is going to apply for refusal of further remand.

Charges against Nyazamba arose on March 6 when he was assigned to handle a court application filed at the High Court under case number HC 1761/19 for review involving Mandiwanzira, who was challenging the decision of the trial court to dismiss his application for exception.

The matter had been set for March 8.

It is alleged that on March 8, Nyazamba informed the court of the State’s intention to oppose the application and asked for time to file his papers.

This resulted in the matter being deferred to March 19 and notwithstanding the deadline given, and contrary to his duties, Nyazamba failed to lodge the relevant papers, allegedly showing favour to Mandiwanzira.

This prompted the matter to be set down on the unopposed roll on March 27 before it was again deferred to April 3, on which date Mandiwanzira’s application was granted unopposed by Justice Nicholas Mathonsi.