Mr Gwaradzimba was facing contempt of Parliament charges arising from an interview he had with NewsDay.
The committee on Mines and Energy chaired by Cde Chindori-Chininga felt the story was defamatory and it undermined the integrity of Parliament and legislators.
The Privileges Committee chaired by Chivi Central MP, Cde Munyaradzi Paul Mangwana (Zanu-PF), heard evidence from Cde Chindori-Chininga and NewsDay reporter,
Venaranda Langa as witnesses.
During the hearing, Cde Chindori-Chininga lost his composure as Mr Gwaradzimba’s lawyer, Mr Simplicius Chihambakwe, was cross examining him and shouted back what the questions had to do with the charges at hand.
Mr Chihambakwe had accused Cde Chindori-Chininga’s committee of producing a half-baked report which did not take into account all possible evidence including calling the Cabinet committee on SMM.
He also accused the committee of giving “undue weight” to a United Kingdom court judgment where the Government lost to Africa Resources Limited chairperson, Mr
Mutumwa Mawere on the SMMH ownership ignoring 25 Zimbabwean High Court and Supreme Court judgments.
It had also been put to Cde Chindori-Chininga that the public hearings held by the portfolio committee at Mashava had the effect of discouraging investors, adding that the story published by NewsDay was not defamatory as alleged.
This, according to Mr Chihambakwe, led to Mr Gwaradzimba to have legitimate apprehension about the committee.
“I am a bit confused here. Are we dealing with the committee report or contempt of Parliament charges,” asked Cde Chindori-Chininga?
Cde Mangwana, however, told him to respond to the questions as they were put to him.
On the UK judgment, Cde Chindori-Chininga said SMMH was registered in the UK and it was the courts in London that were competent to make determinations regarding their ownership.
He said the committee had recommended that bearer share warrant be given to Mr Mawere until Justice and Legal Affairs Minister, Patrick Chinamasa, brought the bearer share warrants that were purchased using US$2,5 million released by the Reserve Bank of Zimbabwe.
The legislator said it was not true that investors had withdrawn because of the publicity arising from public hearing by the portfolio committee.
“They withdrew because of the legal dispute between the Government and Mawere. All the people the administrator would have negotiated with, Mawere would challenge that,” he said.
Cde Chindori-Chininga said while production at the mine had slumped before reconstruction, it got worse with the coming of Mr Gwaradzimba.
“Production became worse, it worsened to zero,” he said.
NewsDay reporter Langa submitted that her story published in March 2010 was a true reflection of an interview she held with Mr Gwaradzimba.
She said Mr Gwaradzimba had actually sent her a text message confirming that the story was accurate.
In his defence, Mr Chihambakwe submitted that the newspaper had distorted the story to increase sales.
It was also submitted that from the reading of the story nothing was defamatory.
The hearing adjourned to May 8, 2012.



