Court victory for former ZIFA bosses as prosecution’s dodgy case collapses

Former Zimbabwe Football Association (ZIFA) executives Felton Kamambo, Philemon Machana, Stanley Chapeta, Joseph Mamutse, and Brighton Malandule have been acquitted of fraud allegations.

The court found them not guilty of misrepresenting themselves as ZIFA officials and writing suspension letters to other officials while under suspension by the Sports and Recreation Commission (SRC).

The prosecution’s case collapsed due to lack of incriminating evidence. Key witnesses Sébastien Garikai and Xolisani Gwesela’s testimonies actually cleared the suspects.

The five represented by prominent lawyer Admire Rubaya had maintained their innocence, denying any criminal liability.

Gwesela who was the State’s second witness told regional magistrate Taurai Manuwere that he “was shocked that the matter was still progressing” after it emerged that the Sports and Recreation Commission had withdrawn itself as a complainant in the matter.

Gwesela also conceded that the alleged suspension of the five was null and void as the football governing body FIFA continued to recognise them as the legitimate executive and even suspended the country from all football activities.

He also told the court that he cannot prove that the email he received came from the five adding that “anything is possible in cyberspace”.

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This was after suggestions from the defence that someone could have forged Mamutse’s signature on the said letter.

“I only received an email from jmamutse@yahoo.com but I have no evidence that it was him who sent it. Anything is possible in cyberspace,” he said.

Garikai, a senior member from the SRC cited as complainants conceded that there was no verification to prove that indeed the letters emanated from the five.

He also said that the letter of suspension to the five was silent on what they were not supposed to do, including the alleged writing of letters.

The prosecutor asked, “Were the conditions of suspension communicated directly to the accused persons?” to which Garikai replied that the suspension letter did not outline specific conditions.

Garikai also told the court that despite them suspending the ex-Zifa board members, the world football governing body, FIFA, trashed their actions and went on to ban the nation from all international football activities.

He conceded that the SRC did not ascertain whether the five actually wrote, signed, and sent the letters to various ZIFA officials but that they based their report on complaints raised by Gwesela and others to them.

Gwesela denied that he caused the reporting of the matter to the police but only cooperated with the SRC as they were his “employers and paying his salaries”.

He said he had nothing against the five and had worked well with them.