News / Local
ZIFA president judgment deferred
26 Feb 2022 at 18:20hrs | Views
HARARE regional magistrate Mrs Bianca Makwande will next month decide on whether suspended Zimbabwe Football Association (ZIFA) president Felton Kamambo has a case to answer or not in a case he is accused of bribing councillors to vote him into office during the December 2018 elections.
Mrs Makwande was supposed to make the decision yesterday, but the State had not responded to Kamambo's application for discharge at the close of the State case.
The matter was then deferred to March 8 for judgment after the State files its response on Monday.
Kamambo, in his application for discharge, said the State failed to prove essential elements of the crime that warrants him to be put to defence.
"The charge is clear that the allegation is that the Zimbabwe Football Association Electoral Committee is the principal and the voters are the agents.
"The investigating officer who testified as the last State witness was clear that the principal was the Zimbabwe Football Association members or affiliates and the agents were the representatives of these members.
"As such, the State failed to prove its own charge. The State witnesses contradict the charge sheet," he said.
Kamambo said there was no evidence to prove that the participants in the 2018 elections received bribes as alleged by the State.
He said that all the witnesses denied ever receiving the bribe from him.
"The State called 12 voters who participated in 2018 election. At the close of the State case the State indicated that it was abandoning all its other counts and was left with only 12 counts as against the accused.
"It is submitted that all the 12 State witnesses denied ever receiving a bribe from the accused.
"All the State witnesses denied ever being induced in any way by the accused. All the State witnesses denied ever receiving a consideration from the accused for them to vote in a particular way in the election.
"All the State witnesses denied ever receiving a gift from the accused.
"As such, there is no evidence to prove the essential element of inducement with consideration of cash from the accused. The accused did not deny paying cash to the State witnesses, and the later did not deny receiving same.
"The issue is what was the payment for," he said.
Kamambo said he had no way of knowing how the people had voted since it was a secret vote.
"The people who received the money were only representatives of their constituencies.
"The decision on who to vote for was that of the members.
"The State failed to prove that any of the members or the principals made a report complaining that their agent did not honour the instructions that they had given him.
"The complainant in the matter is not any of the principals. Complainant is a losing candidate," he said.
He also said that the State did not lead any evidence where the conduct of giving money as reimbursement of expenses incurred during campaign period is regarded as a criminal act.
"The ZIFA statutes do not outlaw such payments. The FIFA statutes referred to by the State do not criminalise such conduct.
"As such there is no known statutes that regulate the conduct of candidates during the campaign period," he said.
Mrs Makwande was supposed to make the decision yesterday, but the State had not responded to Kamambo's application for discharge at the close of the State case.
The matter was then deferred to March 8 for judgment after the State files its response on Monday.
Kamambo, in his application for discharge, said the State failed to prove essential elements of the crime that warrants him to be put to defence.
"The charge is clear that the allegation is that the Zimbabwe Football Association Electoral Committee is the principal and the voters are the agents.
"The investigating officer who testified as the last State witness was clear that the principal was the Zimbabwe Football Association members or affiliates and the agents were the representatives of these members.
"As such, the State failed to prove its own charge. The State witnesses contradict the charge sheet," he said.
Kamambo said there was no evidence to prove that the participants in the 2018 elections received bribes as alleged by the State.
He said that all the witnesses denied ever receiving the bribe from him.
"The State called 12 voters who participated in 2018 election. At the close of the State case the State indicated that it was abandoning all its other counts and was left with only 12 counts as against the accused.
"It is submitted that all the 12 State witnesses denied ever receiving a bribe from the accused.
"All the State witnesses denied ever receiving a gift from the accused.
"As such, there is no evidence to prove the essential element of inducement with consideration of cash from the accused. The accused did not deny paying cash to the State witnesses, and the later did not deny receiving same.
"The issue is what was the payment for," he said.
Kamambo said he had no way of knowing how the people had voted since it was a secret vote.
"The people who received the money were only representatives of their constituencies.
"The decision on who to vote for was that of the members.
"The State failed to prove that any of the members or the principals made a report complaining that their agent did not honour the instructions that they had given him.
"The complainant in the matter is not any of the principals. Complainant is a losing candidate," he said.
He also said that the State did not lead any evidence where the conduct of giving money as reimbursement of expenses incurred during campaign period is regarded as a criminal act.
"The ZIFA statutes do not outlaw such payments. The FIFA statutes referred to by the State do not criminalise such conduct.
"As such there is no known statutes that regulate the conduct of candidates during the campaign period," he said.
Source - The Herald
