adminRobson Sharuko
Senior Sports Editor
IN more ways than one, it was like the tale of the biblical David, taking on the giant represented by the Premier Soccer League but, despite all the odds staked against them, little Herentals just could not give up the fight.
And, after months of a bruising boardroom fight, in which they fought for both their franchise, and their image, which had been tainted by match-fixing allegations, it was the defiant Students, who had the last laugh.
On this day, last year, all that they had put into the fight, was rewarded with a verdict which went in their favour.
For club owner, Innocent Benza, it was worth the fight.
A good name, he said, was worth more than the thousands of dollars, which they poured into their legal representatives, which at one time left the team, on the verge of collapse.
‘’It was about protecting our image, the allegations were damaging and this was more than just about football but what we are as an institution, to send the signal to our partners, and everyone who believes in us, that we are not involved in such dirty things,’’ he said.
‘’When you face such collateral damage, football is the last thing you worry about, it was about our name, which had been dragged in the mud, which needed to be cleared, because as far as we were concerned, we hadn’t done anything wrong.
‘’In such times, you choose to lose everything you have worked for, just to ensure that you set the record straight, and you clear the stain because, in life and business, a good name is worth more than gold.
‘’We were fighting for a name which we have built over a number of years, our image was at stake, we couldn’t let it be ruined, just like that because, beyond football, we have other interests, which came before we ventured into this game, and they have to be protected.
‘’We were always convinced that we would be proved right, in the end, because we knew we had not done anything wrong and, we have to thank God that, in the end, we were proved we were right.
‘’Of course, it still hurts but, right now, we are in a good place because of the fight we put in last year, as one united family, which was keen to ensure that, in a way, the people would know that we were never on the wrong side.’’
Their relief came in March last year when they successfully overturned the decision by the PSL disciplinary committee, to find them guilty in a match-fixing saga, which had been dragging on since the previous season.
Oliver Chirenga, who was said to be the Herentals team manager, and accused of having been the middleman in the scam, also had his life ban from football overturned. The Students had been docked three points, and were slapped with a $300 000 fine, after the PSL disciplinary committee found guilty of allegedly manipulating the result of their match against Black Rhinos, the previous season.
Failure to overturn the judgment would have come at a huge cost for Herentals who would have dropped into Division One and, amid reports ZIFA would also have punished them further by kicking them out of competitive football, it would have been the end of the road for them.
However, a four-member ZIFA Appeals Board, led by Harare lawyer Stead Kachere, a senior partner at Kachere and Guwuriro Legal Practitioners, quashed the conviction and spared Herentals both the axe, and the imminent collapse, of the football club.
They ruled that the PSL Disciplinary Committee appeared biased against the club, had denied the Students the right for legal representation and relied entirely on the evidence of former Rhinos team manager, the late Gift Kamuriwo, whose presentation could not be corroborated.
During the PSL Disciplinary Hearing, the ZIFA Appeals Board ruled, Herentals were turned into both the accused, and prosecutors, throwing the entire process into a shambles.
‘‘In view of the above findings, the ZIFA Appeals Board hereby allows the appeal, in terms of Rule 7.9.3.1 of the ZIFA Rules and Regulations,’’ read the judgment.
‘‘As a result, it is hereby ordered as follows:
The conviction of the appellants (Herentals and Chirenga) made by the PSL Disciplinary Committee on the 8th of January 2020 be and is hereby set aside. As a result, the 1st Appellants (Herentals) and 2nd appellants (Chirenga) are hereby found not guilty and acquitted.
The 1st and 2nd Appellants are hereby ordered to pay wasted costs to the PSL Disciplinary Committee as per ZIFA Appeals Board ruling on 5 March 2020, thereafter each party shall bear its own costs incurred by the partners to the appeal as from the 5th of March 2020.
The 1st and 2nd Appellants shall be responsible, jointly and severally, to pay additional appeal costs as per paragraph 31 of this ruling. ZIFA shall determine the amount with which the appeal proceeds exceeded the appeal feels paid by the appellants and shall inform the appellants.’’
The ZIFA Appeals Board said there were many flaws to the process, when the case was heard by the PSL disciplinary committee and, given the gravity of the situation, it was a surprise the issue was fast-tracked.
‘‘The PSL disciplinary committee should have sought corroboration of Gift Kamuriwo’s evidence,’’ the judgment read. ‘‘On the issue of the money produced as evidence, it was just Kamuriwo’s word against the Appellants.
‘‘There were no witnesses called to corroborate Kamuriwo’s evidence, yet the disciplinary committee had found that his evidence was not truthful in every maternal respect.
‘‘There was no effort made to trace the money to the Appellants. Also, there was no effort made to trace the cellphone number which was alleged to have been used by the 2nd Appellant (Chirenga) to contact Gift Kamuriwo.
‘‘Even the witness, himself, failed to produce the print out of his cellphone to prove that the said number contacted him at the time he said he was contacted. Even the records from the Army Barracks to show that the 2nd Appellant entered 2 Brigade could have assisted.
‘‘They could have recorded a registration number of the vehicle he was driving. Such evidence aliuende would have helped to corroborate the single witness’ evidence considering the seriousness of the offence with which the Appellants were facing.
‘‘Match-fixing allegations should not be taken lightly when it comes to football matters. They ought to be investigated thoroughly and being the culprits to book.’’
The ZIFA Appeals Board ruled that both Herentals and Chirenga were not given a fair hearing.
Online Reporter