Wenslus Murape
Zvikomborero Parafini
The fraud accused ex-ZIFA executive, who applied to have their matter referred to the Constitutional Court, was back in court yesterday for a determination on the matter.
Presiding magistrate Taurai Manuwere postponed the matter to August 27 because he received the State’s submissions late.
The executive comprising of former president Felton Kamambo, Philemon Machana, Stanley Chapeta, Joseph Mamutse, and Bryton Malandule has accused the National Prosecuting Authority 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.
They produced a letter written to the prosecution from the former complainant, SRC.
“The person who brought the matter to the police which is the SRC is through this letter technically saying we never had a case to answer and therefore it would be shocking on what leg is the prosecution standing on if they are insisting on prosecution when the star witness has abandoned the case.
“This is a brazen abuse of the independence accorded to the prosecution, I wonder what can be reason to prosecute us and take away our liberty,” he said.
“The state is saying they are not seeking to take away your right to personal liberty by not
withdrawing the case, but they are exercising their constitutional mandate of prosecuting cases,” asked Rubaya.
In response, Machana said he disagreed with that assertion.
“My comment would be I don’t agree with that assertion and as already said, where there’s no complainant it looks very unreasonable for anyone who was not there when the alleged offence was committed to insisting on prosecution when the person who reported is saying no such offence was ever committed hence their withdrawal as complainants from the case.
“I believe we are being harassed through lawfare, the law is being used to punish the innocent.
“Just as why the prosecution cannot charge anyone in the street whilst pursuing their given mandate to prosecute any case, that’s the same position we now find ourselves in.
“There’s no complainant in the matter and our continued prosecution can only be harassment especially if one considers that we are on remand and that in itself is limited liberty as it comes with conditions,” lamented Machana.
Machana related to a letter from FIFA Secretary General Fatma Samora to Zifa acknowledging that they were the real board.
“When the SRC wrote their withdrawal letter to the NPA they were agreeing with FIFA that we never stopped being the legitimate authority and at the time of arrest we were the real Zifa board.
“We were accused of pretending to be the Zifa board but through the letter it was confirmed that we were the board,” he added.
Machana further argued with the State’s position that they should not be crying foul in relation to constitutional violations because according to them, they will be afforded a fair hearing despite the withdrawal letter from SRC.
“I beg to differ because I believe the fairness should start by considering whether we should even be trial when the complainant has said I was wrong, proceeding with the matter is where the unfairness
starts,” he said.
Online Reporter