Kamambo acquitted of fraud charges

Former Zimbabwe Football Association (ZIFA) executives Felton Kamambo, Philemon Machana, Stanley Chapeta, Joseph Mamutse, and Brighton Malandule have been acquitted of fraud charges following a lengthy trial. The charges stemmed from allegations that the five unlawfully used the ZIFA letterhead to suspend fellow officials, an act that had raised concerns of misconduct within the national football body.

The quintet, who were represented by renowned lawyer Admire Rubaya of Rubaya and Chatambudza Legal Practitioners, were cleared after the presiding magistrate, Taurai Manuwere, ruled that the prosecution had failed to provide sufficient evidence to prove the charges. The magistrate noted that the State had not presented compelling evidence that could directly link the accused to the crime.

In their defense, the five executives had argued that their rights were being violated by the continued prosecution, especially after the Sports and Recreation Commission (SRC) had withdrawn its complaint in connection with the case. Their legal team also mounted a Constitutional Court application challenging the validity of the charges.

Key testimony from two critical witnesses, Sebastien Garikai and Xolisani Gwesela, played a significant role in clearing the accused. Gwesela, the second prosecution witness, expressed disbelief that the case was still being pursued, particularly after it emerged that the SRC had withdrawn its complaint. He confirmed that the suspension of the accused was nullified, and added that FIFA had continued to recognize the five as legitimate ZIFA executives, a factor which led to Zimbabwe's subsequent ban from international football.

Gwesela also cast doubt on the authenticity of an email purportedly sent by Mamutse, stating, "Anything is possible in cyberspace," suggesting that the email could have been forged.

Sebastien Garikai, a senior official from the SRC, also testified that no proper verification process was conducted to confirm whether the suspension letters were genuinely written and sent by the accused. He pointed out that the letters lacked any details on the specific nature of the suspension, particularly the alleged act of writing letters, which further weakened the case against the former ZIFA executives.

The acquittal of Kamambo, Machana, Chapeta, Mamutse, and Malandule marks the end of a protracted legal battle. The case had drawn attention due to its implications for the governance of Zimbabwean football and the broader relationship between ZIFA and the SRC.

With the court's decision to drop the charges, the five former ZIFA officials are now free of any criminal liability related to the fraud accusations.