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Nyore Madzianike Senior Court Reporter
Harare regional magistrate Mr Stanford Mambanje yesterday dismissed former Zimbabwe Football Association (ZIFA) executive members’ application for revocation of their placement on remand, saying there was reasonable suspicion that the five could have committed the alleged offence.
Mr Mambanje ruled that under the circumstances, the police should be given an opportunity to complete its investigations into the matter where Felton Kamambo, Joseph Mamutse, Stanley Chapeta, Bryton Briton Malandule and Philimon Machana are charged with fraud.
The ex-ZIFA executives allegedly abused the association’s letterheads to suspended congressmen when they were on suspension.
“The allegations, as they are read together with facts, show that there is a reasonable suspicion that there was an offence that was committed,” he said before dismissing the five’s application. “The court will allow police to complete investigations into the matter.”
Mr Mambanje then set the matter for June 30 for their routine remand.
Through their lawyer, Mr Admire Rubaya, the former ZIFA executives had challenged their continued placement on remand, arguing that there was no indication of what it is that the alleged unnamed various members of the ZIFA congress did upon receipt of the alleged letters.
They also questioned how the Sports and Recreation Commission (SRC) became the complainant in the matter when there was no indication that it received the said letters.
The five said the SRC was not a victim under the circumstances.
They claimed that recipients of the alleged letters ought to have been the ones complaining against them.
Prosecutor Mr Kennedy Madekutsikwa said their arguments were of no effect and, therefore, irrelevant.
“The prejudice does not need to have been suffered by the ZIFA congressmen, it can be suffered by a third party, the State or the community in general and in this case it was suffered by ZIFA in the form of good governance,” he said.
“The Sports and Recreation Commission (SRC) is a creature of statute and was created by the Sports and Recreation Commission Act.
“According to section 19 of the SRC Act, one of the objects of the SRC is to ensure the proper administration of organisations undertaking the promotion of sport and recreation.”
Mr Madekutsikwa said the Act also gives the SRC power to register all national associations. He said the issue of suspension, which the five are contesting, can only be resolved by the Administrative Court.
“It should also be noted that FIFA has even requested that SRC to uplift the accused persons’ suspension,” said Mr Madekutsikwa.
“This request would not have been made if the suspension was of no effect. To date the SRC has not uplifted the suspension. The State submits that any further issues in regards to the SRC’s decision can only be properly addressed in determination of the appeal made by the accused persons, but their suspension stands.”
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