Defence lawyer Admire Rubaya was left fuming after Minister of Mines and Mining Development Walter Chidhakwa wrote an affidavit saying that the information needed by the defence was confidential. This follows the refusal to answer questions in court by the Permanent Secretary for Mines and Mining Development, Professor Francis Gudyanga, who said the information was classified.
Rubaya is representing Minerals Marketing Corporation of Zimbabwe (MMCZ) acting deputy general manager Hannan Tongai Chitate (35) who together with Richard Chingodza (41) who are both accused of swindling MMCZ of $625 226, 88.
Rubaya argued that the affidavit by the Minister was unconstitutional saying:
This affidavit and the section being relied on by the State are unconstitutional. Anything which is inconsistent and out of line with the Constitution is in- valid.
The accused’s right to a fair trial is being trampled upon. Is it fair for these people to raise allegations and when the defence hit on the nerve and touches on issues that destroy the State case, they somersault
Magistrate Mr. Elijah Makomo is yet to make a ruling. The matter was postponed to May 29.