adminThe lawyers want the responsibility to determine Rushwaya and former national team coach, Sunday Chidzambwa’s cases to be transferred to the Sports and Recreation Commission.
Chidzambwa is embroiled in a labour dispute with Zifa where he is claiming $65 000 as outstanding salary but has also been fingered in a match-fixing scam when he took the national team to participate in the Merdeka Cup tournament in Malaysia in 2007.
Zifa Ethics Committee chaired by retired Judge Ahmed Ebrahim heard submissions from both sides on Saturday and reserved ruling to today (Monday).
In their submission, Rushwaya’s counsel led by Mr Jonathan Samkange argued that Zifa would not be fair to his client since it is acting as the police, prosecutor and the judge because the Ethics committee was an extension of the mother body.
“Zifa is responsible for the payment or remuneration of members’ expenses, responsible for the day to day expenses of the committee, including their teas and refreshments. Zifa has appointed Advocate Lewis Uriri to prosecute and advocate its agenda,” said Mr Samkange in his submissions.
It was also submitted that judging from media reports, Zifa was determined to nail Rushwaya whom the mother body have also accused of conniving with two national team players to throw the results of Zimbabwe’s home loss to Guinea.
In their papers, the lawyers extensively quoted newspaper articles in which Zifa senior officials such as its chief executive officer, Jonathan Mashingaidze accusing Rushwaya of being the “master mind of the Asiagate match-fixing scam”.
The lawyers took issue with another member in the adhoc committee, Emmanuel Chimwanda, a member of the Anti-Corruption Commission and is the Commissioner responsible for the investigation.
“He has prepared a docket for the purposes of prosecution and is currently prosecuting Ms Rushwaya in Regional Court 15. He can therefore not be a member of the committee in order to determine the guilt or innocence of Ms Rushwaya. It is clearly a conflict of interest,” said Mr Samkange.
On Adv Uriri, the lawyers submitted that he had been appointed prosecutor while he is also representing Zifa in a labour dispute involving Rushwaya.
“Again that shows how determined Zifa is to have our clients convicted and to ensure the outcome,” he said.
In their response, Adv Uriri opposed the application arguing that Zifa was merely applying Fifa statutes.
He submitted that there were adequate safeguards if one has any complaints, including raising it with the Court of Arbitration in Zurich, Switzerland.
It was also denied that Adv Uriri and Chimwanda had any personal vendettas against Rushwaya but were merely performing their professional duties.
The Ebrahim led committee was set up by Zifa to establish the extent of the match-fixing scam and recommend penalties to those found on the wrong side.
Online Reporter