Gudyanga challenges conviction and appeals for discharge

By Peter Chivhima

JAILED former Permanent Secretary in the Ministry of Mines and Mining Development, Francis Gudyanga has been warned against attacking the State over his conviction.

Gudyanga, who is serving a two-year jail term, was convicted early this year for criminal abuse of office after turning the Minerals Marketing Corporation of Zimbabwe (MMCZ) into a feeding trough.

He had approached the High Court appealing against both sentence and conviction.

In his application, Gudyanga said even if his conviction is upheld, the sentence was too stiff and should have been two years, with 18 months suspended on condition he restitutes the allowances he received within one month from the date of sentence.

Gudyanga raised three grounds of appeal with the major one being that the court only relied on bank statements showing the inflow of over US$25 000, but the original charge showed a different amount.

This Wednesday, Gudyanga tried to exonerate himself by submitting that he did nothing contrary to his duties as a public officer since he had not appointed himself to the apex of the MMCZ board.

He also submitted that no witnesses testified that he breached the law.

However, the State led by Mr Charles Muchemwa opposed his submissions, warning him against attacking the State over his conviction saying the court was too lenient as he should have been given a 5-year sentence.

High Court judges Justice Rogers Manyangadze and Justice Benjamin Chikowero reserved judgment.

Meanwhile, the trial of a 31-year-old Chivhu woman Emelda Marizanhi who killed her four children in 2020 over a marital dispute has been postponed to the 24th of October after she failed to furnish the court with medical reports of her mental evaluation.