A FRAUD case opened by the Sports and Recreation Commission against former Zimbabwe Football Association (Zifa) board members led by Felton Kamambo is on the edge of collapse after a senior official from the Commission made serious concessions which could decide the matter.
The SRC accused Kamambo, Philemon Machana, Stanley Chapeta, Joseph Mamutse and Brighton Malandule of fraud alleging that they wrote letters using the Zifa letterhead.
The matter is proceeding despite the SRC writing to the Prosecutor General indicating that they “no longer considered themselves complainants” in the matter.
This saw the five seeking to have the matter referred to the Constitutional Court challenging the State’s decision to proceed with the matter without a complainant.
Sebastian Garikai the acting director general of the SRC told the court that the writing of the letters on Zifa letterhead violated the terms of the five’s suspension which prohibited them from acting as Zifa officials.
The letters, he said, were written and signed by Mamutse on behalf of the Zifa board which he said made them all liable to the offence.
“If the letters were signed by accused four (Mamutse) how are the others linked?” Prosecutor Oscar Madhume asked him to which he responded saying “because the letters would say on behalf of the Zifa board.”
Garikai, also being led by the State, told the court that the suspension letter served on ex-Zifa board members was silent on what they were not supposed to do.
He said the suspension letter did not state that the five were not supposed to write letters on ZIFA letterhead.
“Were the conditions of suspension communicated directly to the accused persons?” the prosecutor asked.
Garikai responded saying “the conditions were not stated in the letter.”
Garikai also conceded that they did not verify whether the five were the ones who actually wrote, signed and sent the letters to a number of Zifa officers.
He said they relied on reports by Xolisani Gwesela and other Zifa officers resulting in them making a police report.
This was after the ex-board members’ lawyer Admire Rubaya challenged him to prove why he said the five were behind the alleged letters as he distanced his clients from the allegations.
Rubaya argued that without any handwriting expert verification that the letters originated from his clients, Garikai couldn’t rely on words of Xolisani Gwesela who was “interested party, wanting Mamutse’s job” or on Wellington Mupandare’ s words that the letters in issue were authored and signed by any of the suspects.
Garikai conceded that he did not seek to verify with the five if the letters orginated from them before reporting to the police.
Garikai also told the court that despite them suspending the ex-Zifa board members, the world football governing body, FIFA, rubbished their actions and went on ban the nation from all international football activities.
This confirmed the defence raised by the five when the trial opened saying there was never any valid suspension at law since FIFA continued to recognise and communicate with them at a time the SRC raised the allegations.
Garikai made another fatal concession that at the time the Accused were alleged to have misrepresented themselves as the lawful ZIFA officials they were actually the dejure football leaders in Zimbabwe if the suspension letter from FIFA against Zimbabwe is considered.
The defence also argued that Mamutse’s suspension was irregular and outside the law as he was not a Zifa board member but an employee of Zifa with a private contract according to the association’s constitution.
The matter will proceed on October 31.