By Beaven Dhliwayo.
Minerals Marketing Corporation of Zimbabwe (MMCZ) top executives have been acquitted of criminal abuse of duty as public officers by a Harare magistrate in a ruling that exposed former secretary Professor Francis Gudyanga shenanigans.
The two top executives, acting general manager Richard Chingodza and deputy general manager (finance and administration), Hannan Chitate, were both accused of fraudulently awarding themselves allowances and loans worth over $300 000 from MMCZ.
After a fully contested trial, Harare regional magistrate Elijah Makomo cleared the duo of the charges.
In passing of judgement, Makomo said, MMCZ and Prof Gudyanga failed to bring an audit to verify facts before bringing the accused to court.
In his ruling, Makomo showed no mercy on the key State witness and complainant, Prof Gudyanga, warning that the courts should not be used as audit offices.
Makomo said Prof Gudyanga was maliciously targeting Chingodza and Chitate in a bid to get them out of his way and cover his back.
The court heard that Prof Gudyanga, who refused to reveal payments he made to mysterious characters, was an implausible witness.
The court found that MMCZ and Prof Gudyanga failed to bring an audit to verify facts before bringing Chingodza and Chitate to court.
“It turned out that the court was somehow turned into an audit firm where the accused had been brought to explain their payments.
“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,” said
Makomo also said Prof Gudyanga had selectively brought cases against the accused, leaving out other employees who received similar back- pay and allowances.
Chingodza and 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.
It is further alleged all monies paid were properly paid in terms of the accused contracts and all approvals were substantiated in court given by the same professor leading the state case.
Prof Gudyanga has several issues rising from how he ran business matters at MMCZ.
In his recent arrest, allegations of pilfering state resources is cited.
It was revealed that Gudyanga wanted to remove accused managers from MMCZ and effectively destroy their credibility as witnesses against him.
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