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Mathew Masinge
FORMER ZIFA president, Felton Kamambo, is seeking to have his fraud case referred to the Constitutional Court citing an infringement on his rights.
Kamambo is being charged together with former board members Philemon Machana, Joseph Mamutse, Brighton Malandule and Stanley Chapeta.
The five, who are being represented by lawyer Admire Rubaya, have placed the State on notice that they will file a written application seeking referral to the ConCourt by January 8.
Kamambo and his co-accused are appearing before Harare magistrate Taurai Manuwere.
It is the former football administrators’ concern that the State’s refusal to withdraw charges, after the Sports and Recreation Commission, who were the complainant withdrew from the matter, is against their agreement that was witnessed by FIFA.
Kamambo and crew claim that no trial should proceed without the SRC’s evidence.
Through Rubaya, the former football administrators argue that the State is abusing its power by seeking to continue with the trial.
“SRC chairman Gerald Mlotshwa wrote to the then Acting Prosecutor General highlighting that they were no longer the complainant in the matter.
“It, therefore, means that the State is aware that SRC has withdrawn itself from the case.
“The confusion afflicting the State is common but simple.
“It is a complainant who comes up with a complaint. It is the State that comes up with a charge.
“The charge is, however, founded upon the SRC. Without SRC, a charge is invalid,” submitted Rubaya.
However, the State says it has the prerogative to charge anyone and cannot be directed.
The State said it will pursue the case on the basis that Kamambo and his co-accused wrote letters on a ZIFA letterhead purporting to be still in charge while they were still on suspension.
dyton mupawaenda
Online Reporter