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Fungai Lupande Senior Court Reporter
FORMER Higher and Tertiary Education, Science and Technology Development secretary Francis Gudyanga was recently granted $300 bail on allegations of allocating himself $29 000 in board sitting allowances, while he was a lone board member at the Minerals Marketing Corporation of Zimbabwe (MMCZ).
Gudyanga appeared before Harare magistrate Ms Victoria Mashamba charged with abuse of duty as a public officer. In her bail ruling, Mashamba ordered Gudyanga to continue residing at 36 Glen Road, Glen Lorne in Harare, surrender his passport, not interfere with witnesses and report thrice a week at Borrowdale Police Station.
“The State did not summit any compelling reasons to justify denial of the accused person bail,” said Ms Mashamba. “Bail is now a constitutional right.” In opposing bail, prosecutor Mr Michael Reza said Gudyanga could be induced by the penal provisions which provide for up to 15 years imprisonment upon conviction and flee jurisdiction.
“The accused person was aware that there had to be a minimum of six board members, but sat on that board individually, allocating himself certain allowances”, he said.
“Your Worship, this is the question, if gold rusts what will iron do? The State has evidence that he received the money because nobody else sat in that board and when we talk about a person running away, it is not the passport which is surrendered here at the clerk of court that runs, but the person, hence he must not be admitted to bail.”
Online Reporter