By Mary Taruvinga
Former executives of the Zimbabwe Football Association (ZIFA) Felton Kamambo, Philemon Machana, Stanley Chapeta, Joseph Mamutse, and Brighton Malandule have been acquitted of fraud charges stemming from allegations that they unlawfully used the ZIFA letterhead to suspend fellow officials.
The quintet was represented by Admire Rubaya of Rubaya and Chatambudza Legal Practitioners.
In acquitting the five the presiding magistrate Taurai Manuwere said the State had failed to give evidence nailing the suspects.
They were also accusing the State of violating their rights by insisting on their prosecution even after the Sports and Recreation Commission withdrew from the case.
They all denied the charges and had mounted a Constitutional Court application to this effect.
During trial key witnesses, Sebastien Garikai and Xolisani Gwesela also provided testimonies that cleared the five of wrongdoing.
Gwesela, the second witness for the prosecution, expressed disbelief that the case was still ongoing, especially after it surfaced that the SRC had withdrawn its complaint regarding the matter.
Gwesela acknowledged that the purported suspension of the five individuals was nullified, as FIFA continued to recognise them as the legitimate executives of ZIFA and subsequently banned Zimbabwe from participating in all football activities.
He added that he could not confirm the authenticity of an email he received from Mamutse and remarked, “Anything is possible in cyberspace,” implying that someone could have potentially forged Mamutse’s signature.
Garikai, a senior SRC member, testified that there was no verification process to determine whether the letters were indeed written and sent by the accused.
He pointed out that the suspension letter for the five lacked details on any specific prohibitions, including the alleged act of writing letters.
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