The Sunday News
Munyaradzi Musiiwa, Midlands Correspondent
FORMER Midlands Provincial Affairs Minister and Gokwe Senator Jason Machaya who has been in remand prison since Christmas Eve and tasted freedom for only 10 minutes on Thursday before he was re-arrested on fresh charges while coming out of the hospital, has appeared in court.
Machaya appeared before Gweru magistrate Ms Mildred Matuvi charged with criminal abuse of office. He was remanded in custody to tomorrow after his lawyer, Mr Ambrose Dururu of Dururu and Associates Legal Practitioners applied for the case to be dismissed before trial and to accept video evidence showing that Machaya had lawful authority to allocate the land in question. Mr Dururu said Machaya had delegated authority allowing him to allocate the land on behalf of the Minister of Local Government, Public Works and National Housing.
He then applied for Machaya to be placed off remand and for the court not to proceed with the trial as there was no prima facie case against the accused.
Magistrate Matuvi deferred judgment to tomorrow on whether the video evidence can be considered and to assess the case and see if the court could proceed with trial.
The State’s case was that Machaya being a public officer did and inconsistent with his duties on the said dates intentionally allocated State land totalling 17 799 stands to land developers whereas he did not have the function and any lawful responsibility to allocate State land to the said developers and entities which was a sole function and lawful responsibility of the Minister of Local Government, Public Works and National Housing.
Machaya, the court also heard further received 1 791 commonage stands from the said land developers and entities which constituted 18 percent of the total stands on the allocated State land. It is further alleged that Machaya did and inconsistent with his duties disposed 1 185 stands of the said commonage stands.
Whereas commonage stands can only be allocated and distributed by the Minister of Local Government, Public Works and National Housing. Machaya is also accused of further allocating 192 commonage stands to Apostolic Christian Church of Zimbabwe (ACCZ) when he did not have the lawful right or function.
Mr Lloyd Mavhiza appeared for the State.
