Ex-ZIFA executive Concourt referral ruling today

Zvikomborero Parafini

The fraud-accused ex-ZIFA executive, who applied to have their matter referred to the Constitutional Court, is back in court today for the presiding magistrate to hand down the ruling.

Presiding magistrate Taurai Manuwere postponed the matter to today because he received the State’s submissions late on the previous hearing.

The executive comprising of former president Felton Kamambo, Philemon Machana, Stanley Chapeta, Joseph Mamutse, and Bryton Malandule has accused the National Prosecuting Authority (NPA) of harassing them through ‘lawfare’ as they continue insisting on prosecuting them despite indications from the Sports and Recreation Commission that they are no interested in pursuing the case.

They are now seeking to have the constitutional questions answered by the superior court.

Motivating the application, their lawyer Admire Rubaya led evidence from Machana, the former board member responsible for finance who told the court that the NPA was harassing them using lawfare accusing them of abusing their independence.

Allegations are that on 16 November 2021, the SRC suspended the entire Executive Committee for gross incompetence and misappropriation of the association’s funds. The legal consequence of the suspension of the Executive Committee is that they have no authority whatsoever to transact any business on behalf of ZIFA, whether orally or in writing.

After the suspension, and during the period between January 2022 and 02 February 2022, the accused persons acting in connivance and knowing well that they were on suspension wrote various letters on ZIFA letterhead purporting to be ZIFA executive committee members.

The letters were signed by Joseph Mamutse who purported to be the CEO and addressed to various members of the ZIFA congress suspending them from their positions.

As a result of suspensions by the accused persons, the ZIFA congressman are incapacitated and unable to execute their tasks on behalf of ZIFA. Their actions have also affected football clubs in Zimbabwe, particularly those of the Premier soccer League and football in general in Zimbabwe, particularly in the form of sponsorship and other revenue flowing into the football sector.

The actions of the accused persons have caused prejudice to the good administration of ZIFA.