Asiagate investigation has a credibility crisis

THE Commission of Inquiry set up by the Zifa board, to investigate Asiagate, has a credibility crisis, over its legal basis to conduct such an exercise, because the national football controlling body does not administer any law in Zimbabwe.

That prerogative lies with the Sports Commission.

What was needed, given the nature of the investigations, was a judicial inquiry where witnesses would be summoned to appear under oath so that, in the event that they misrepresent facts, they would be liable to prosecution.

Even Fifa, would have been comfortable, with such a judicial inquiry into what really happened.

From what has been published in the Press, the whole saga has snowballed into accusations and counter accuastions on the veracity of the evidence collected.

This report should not have been released or published, without being studied by the Sports Commission, to see whether it complied with the laws of this country.

As it stands, the Zifa findings have no standing in law.

Zifa should either have asked the Sports Commission, to set up a Judicial Inquiry, rather than the case we have now where the association is principally investigating itself.

Or, better still, Zifa should have reported the case to the police, if they believed that corruption cases were evident in the tours to Asian countries.

The case could also have been referred to the Anti Corruption Commission for investigation.

What I see here is a report that may unnecessarily tarnish the reputations of innocent people on hearsay evidence.

As I have said earlier, Zifa does not administer any law under which it can lay charges against anybody.

Zifa's authority lies in administering the rules of the game and the conduct of its officers.

Any criminal activity by its members must be reported to the police.

Any administrative shortcomings by any association is the responsibility of the Sports and Recreation Commission.

It is unfortunate that many followers of football in Zimbabwe may not understand what is going in our football today. Having sat on the former Sports Council board, later renamed the Sports and Recreation Commission, for many years, I find the reports on the Asiagate saga quite disturbing.

There are two issues that need clarification.

Firstly, were the trips by the national soccer team to various countries in Asia authorised by the Zifa Board?

If the then president of Zifa accompanied the team to one of the countries, it is safe to say that, it was indeed an official tour authorised by Zifa.

Secondly, were the teams cleared by the Sports Commission as required by the Sports Act?

It looks like the Commission did not authorise the national team to go on some of these international merry go-round excursions.

What are the implications of these two issues?

If Zifa authorised the team to travel, then the current Zifa Board cannot investigate a previous administration. The only organisation that has the power to investigate any Zifa board is the Sports Commission. The

Zifa board can only investigate the conduct of its employees.

When a new Zifa board takes over, it bears the responsibilties and actions of the previous board, just like when Governments change hands.

The only authority empowered by law to institute and inquiry into any activities on any association is vested in the Sports Commission. If the national soccer team was not cleared by the Commission, the previous Zifa Board must take responsibility for its actions. In short, it broke the law.

If the Sports Commission Act was violated, then a Judicial Commision of Inquiry should have been set up to unravel the whole saga of the Asian tours.

The new Zifa Board would have waited for the inquiry set up by the Sports Commission to report and take action against those found on the wrong side.