Fraud-accused ZIFA executives take fight to Constitutional Court

FIVE former executives of the Zimbabwe Football Association (ZIFA) facing fraud allegations are seeking to escalate their case to the Constitutional Court, claiming a violation of their rights.

This move comes after the State declined to withdraw charges, despite the Sports and Recreation Commission (SRC), the initial complainant, expressing their intent to withdraw from the matter.

The individuals involved are Felton Kamambo, Brighton Malandule, Philemon Machana, Stanley Chapeta, and Joseph Mamutse.

According to prosecutors, the five, during their suspension, allegedly authored letters on ZIFA letterhead, falsely presenting themselves as executive committee members.

Represented by their lawyer, Admire Rubaya, the defendants are presently undergoing trial before Harare magistrate Taurai Manuwere. They contend that the State's actions amount to harassment and an abuse of the court process.

Rubaya stated, "The accused persons are facing allegations arising from a criminal complaint lodged by SRC. SRC chairman Gerald Mlotshwa wrote to the then Acting Prosecutor General of the Republic, stating that it was no longer the complainant in the matter."

He added, "The confusion afflicting the State is common but simple. It is a complainant who comes up with a complaint. It is the state that comes up with a charge. Without the complaint, a charge is invalid."

The defendants argue that Zimbabwe's return to international football was based on the SRC's withdrawal from the case. They also assert that the State's actions contradict the agreement between the SRC and FIFA, the world football governing body.

Rubaya plans to submit a written application on January 8, asserting that the State's intended process is an abuse of the court system and violates the constitution. He contends that the prosecution's decision is morally objectionable and unlawfully deprives the accused of personal liberty.