Former Mines secretary pleads to avoid jail

FORMER Mines ministry secretary Francis Gudyanga yesterday pleaded with the court not to jail him after he was convicted of criminal abuse of office charges, saying he was of illhealth and old.

Gudyanga, who was represented by Norman Mugiya, filed a written mitigation to magistrate Barbara Chimboza.

“The accused is now aged 75 years old and he is clearly an advanced senior citizen who will be broken down by a custodial sentence. It is proposed that the court considers a suspended imprisonment term coupled with a fine of level 8,” Mugiya submitted.

He said Gudyanga was also prepared to restitute the money he illegally received as Minerals Marketing Corporation of Zimbabwe (MMCZ) board chairperson.

“In the worst-case scenario, the court can consider a sentence of community service so that the accused can be committed to labour which will suit his age,” Mugiya said.

“The accused is also of ill-health to the extent that he has been in and out of hospital. The conditions in prison will definitely be a death sentence to him. He suffers from a heart condition, which is cancer-related. He is on persistent medication.”

Gudyanga was convicted on criminal abuse of office charges last week.

According to the documents produced in court, Gudyanga fraudulently received US$28 910 board member fees from the MMCZ for three years.

In mitigation, his lawyer said he did not steal the money, but was duly paid for the duties he executed despite his appointment being deemed illegal.

“The accused is a family man with four children, one of which is still going to school. She is at the university and relies on her father, the accused, for her welfare and wellbeing. The accused is married and he is the sole breadwinner. He has no valuable assets in his name other than a farm in Macheke, which is on government offer letter.”

But the State, represented by Michael Chakandida and Tapiwa Godwin, said Gudyanga faced serious charges.

“Corruption is cancerous and should be eradicated from society. A message should be sent that courts do not condone corruption. Thus the State thinks a sentence of six years imprisonment and three years suspended would meet the justice of the case in this matter,” the prosecution submitted.

Chimboza will deliver sentence tomorrow. Gudyanga was being charged alongside former Mines minister Walter Chidhakwa.

The court heard that in December 2013, Chidakwa corruptly dissolved the MMCZ board and appointed Gudyanga to act as the sole board member from December 2013 to September 2016, where he claimed the US$28 910.

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