Gumbo in catch 22

Retired Justice Ahmed Ebrahim’s commission has already exonerated the first batch of 30 players who had been implicated in the match-fixing scandal.

Star midfielders Khama Billiat, Willard Katsande and Ovidy Karuru were the high-profile players to be cleared by the committee, paving way for their return to national team duty. The trio featured in the World Cup and Nations Cup qualifiers in June and hope was high that more players would be exonerated before the Nations Cup qualifier against Angola.

Zimbabwe, who lost 1-2 to Zambia in an international friendly in Ndola on Wednesday, will play host to Angola at Rufaro in the first leg on 9 September.

Yesterday, retired Supreme Court judge Ebrahim pointed out that his committee is working on concluding their findings within the next 30 days before handing their recommendations to Zifa for onward transmission to Fifa.

Ebrahim said they were almost through with their findings when they stumbled upon further information that could have a bearing on the final report. In his address to the media yesterday, Ebrahim said the new evidence is likely to help them in their inquiry.

“We had largely completed our hearings, having recorded affidavits and heard oral evidence from some 100 officials, coaches, players and administrators.

“Regrettably, following the further hearing held on Monday 6 August, that is no longer the position as a list of a further eight possible witnesses has emerged.

“These witnesses are likely to throw further light on and additional information relating to corrupt activities which involve some of the football personalities from this country.

“We would be failing in our duty if we did not investigate this further possible information that is now available and ensure that our inquiry is as full and complete as possible,” said Ebrahim.

By the end of their investigations, Ebrahim said they will be sitting on a 1 500 page document, excluding 4 500 emails and between 80 to 90 affidavits recorded from witnesses.

“These emails paint a picture of illicit activity relating to payments made and promises to fix matches.

“This aspect of evidence does not stand alone. It is bolstered by oral evidence we have received,” he said.

Since Ebrahim’s Commission was unveiled in October last year, it has failed to move with the expected speed as the investigations have not been smooth flowing.

Some of the people fingered in the report refused to present themselves for hearings while some people questioned the impartiality of the investigating committee.

There was also a mix-up in communication between the committee and some players in South Africa who turned up at the Safa offices but found no one from the investigating committee.

“We should say that we have been faced with considerable obstacles during the course of the inquiry.

“In particular, certain individuals have made every effort to avoid appearing before us to assist us in our deliberations.

“We had to resort to serving them with notices to appear before us, through the offices of the Deputy Sheriff.

“Even then some have failed to appear. There have been instances of notices being served at the place of business of the person we have wished to interview, but despite this, the concerned person has chosen to ignore such notices,” said Ebrahim.

He said they have also accepted some requests to postpone the hearings from the fingered people.

“We have had application for postponement in order to satisfy the requests made from lawyers representing witnesses to attend hearings on dates other than those we have specified.

“We made every effort to satisfy those requests, although there must be a limit to such indulgences being granted,” he said.

During the course of their investigations, Ebrahim believes most of the people fingered in the report were aware of the hearings and the need for them to come and assist.

“At every turn and every corner, we want to satisfy rules of natural justice.

“We want to give everyone a chance to give his or her side of the story,” he said.

Ebrahim said they are bound by the Fifa Disciplinary Code on the approach to be followed when a person fails to assist when being requested to do so.

He cited Article 104 which takes into account the parties’ attitudes during proceedings, especially the manner in which they co-operate with the judicial bodies and the secretariat.

Ebrahim also gave reference to Article 118 which gives the judicial body the leeway to use the files in their possession if the parties fail to appear for a hearing.