Fifa inches closer to Asiagate closure

Although Zifa sent two bags of material to Zurich in March, one weighing 14kgs and the other weighing 21kgs, which include the Justice Ebrahim report, affidavits, e-mails and related stuff, which the association says is the evidence on which they based their sanctions, it has emerged that Fifa still needs more before it can make a decision to either endorse or nullify the penalties.

Fifa wants Dube and Mashingaidze to provide an oral presentation on each and every individual they found guilty, backed by supplementary evidence the Zifa leaders might have which is not part of the batches they sent to Zurich, for the world governing body to be in a position to draw the line on this long-running saga.

It marks the first time that Fifa have requested an oral presentation by leaders of a national association that requested the world football governing body to endorse their sanctions, in a disciplinary case, and give the punishments a worldwide effect.

Interestingly, in that oral presentation, the Zifa leaders have been asked to brief Fifa that each case was handled as per the provisions of the Fifa Disciplinary Code with all individuals properly cited, summoned to appear before a disciplinary hearing, given a chance to be heard and defend themselves and the sanctions properly communicated to everyone concerned.

It has also emerged that a number of those who were punished, who responded directly to Fifa when the Zurich organisation ordered them to present their side of the story, argued they were never brought before a disciplinary committee and were only summoned to appear before an investigative committee led by Justice Ebrahim.

The Zifa leaders have been keen on having this case brought to a closure and, last month alone, wrote three letters to Fifa enquiring when the curtain would be drawn on Asiagate so that domestic football can move forward without carrying its weight.

In a letter by Marco Villiger, the Director of Legal Affairs at Fifa, and Marco Cavaliero, the Head of Disciplinary and Governance at Fifa, to Mashingaidze on Thursday last week, the Zurich organisation said, after careful analysis of all documents and correspondence from Zifa in their possession on Asiagate, they had decided that the two Zifa leaders come to Switzerland.

The trip, according to the letter, can either be undertaken in the second half of this month or next month.
“We refer to the captioned matter “Closure of the Asiagate Scandal” and herewith acknowledge receipt of your correspondences dated 13, 15 and 24 June, contents of which received our full attention,’ Villiger and Cavaliero wrote.

“In this respect, after careful analysis of all documents and correspondence in our possession in relation to the matter, ‘Bans on officials and players convicted of match-fixing and illegal betting scandals involving Zimbabwe’s nationals teams 2007-2010,’ and in view of clarifying any pending issues, regarding the extension to have worldwide effect of the decisions imposed by your association on the various players and officials found guilty in the aforementioned matter, in accordance with Art 136 ff of the Fifa Disciplinary Code, the Chairman of the Fifa Disciplinary Committee would like to invite the President of Zimbabwe Football Association, Mr Cuthbert Dube and Zifa Chief Executive Officer, Mr Jonathan Mashingaidze to a meeting at the House of Fifa in Zurich.

“On the occasion of the meeting, the aforementioned officials of Zifa will have the opportunity to orally present their requests for extension to decisions imposed by your association on the various players and officials found guilty in the aforementioned matter, as well as to provide the Chairman of the Disciplinary Committee with all relevant evidence in reference, in particular, to the conditions stipulated in art 137 of FDC for each of the persons concerned.

“In view of the above, and in the purpose of organising the above-mentioned meeting, you are kindly asked to inform us, by return, of your availability for the said meeting during the second part of July 2-13 or during the month of August 2013.” The Fifa Disciplinary Committee chairman is Claudio Sulser, an experienced Swiss lawyer who has handled many cases of a similar nature.

Fifa went beyond their usual protocol two months ago when they asked some of the people who were sanctioned by Zifa to present their cases, directly to the Zurich-based organisation, and now it’s the turn of the association’s president and his chief executive to also present their case. Why Fifa would ask the Zifa leaders to provide supplementary evidence, if they have any, to back the sanctions imposed on each and every individual, is quite defining given the volumes of material, weighing 35kgs, on the case that have already been sent by the association to Zurich.

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