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Court Reporter
HARARE regional magistrate Mr Stanford Mambanje yesterday postponed to next week the ruling on former Zimbabwe Football Association (ZIFA) executive members’ application for refusal of further remand.
Mr Mambanje said the ruling on the application by Felton Kamambo, Joseph Mamutse, Stanley Chapeta, Bryton Briton Malandule and Philimon Machana, will be delivered on May 6.
This came after they and the State indicated that they would not make further submissions.
The ex-ZIFA executives are charged with fraud after allegedly abusing the association’s letterheads.
Through their lawyer, Mr Admire Rubaya, the suspended executives 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.
The State led by Mr Kennedy Madekutsikwa, in his response, 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.
“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.”
He said the Act also gives the SRC power to register all national associations.
Mr Madekutsikwa 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.
“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,” he said.
Online Reporter