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Zvikomborero Parafini
THE former ZIFA bosses have 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 longer interested in pursuing the case.
The former ZIFA bosses — Felton Kamambo, Philemon Machana, Stanley Chapeta, Joseph Mamutse and Bryton Malandule — have mounted an application seeking their case, in which they are facing fraud charges, to be referred to the constitutional court.
Motivating the application, their lawyer Admire Rubaya led evidence from Machana, the former board member in charge of finance, who told the court that the NPA was harassing them.
They produced a letter written to the prosecution from the 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,” said Rubaya.
Machana said:
“Where there’s no complainant it looks very unreasonable for anyone who was not there when the alleged offence was committed to insist 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 a 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.”
Machana related to a letter from FIFA acknowledging that they were the real board back then.
“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.”
Magistrate Taurai Manuwere is expected to make a decision on whether there is a constitutional matter to be answered by the Constitutional Court on August 5. Oscar Madhume appeared for the State.
Online Reporter