SRC Official’s Testimony Brings New Twist To Former ZIFA Board Members' Fraud Case
A Sports and Recreation Commission (SRC) official made significant concessions that could impact the fraud case against five former ZIFA board members: Felton Kamambo, Philemon Machana, Stanley Chapeta, Joseph Mamutse, and Brighton Malandule, reported ZimLive.
The SRC accused the five of using a ZIFA letterhead to write misleading letters while on suspension.
However, midway through the trial, the SRC opted out and informed the Prosecutor-General that they no longer considered themselves complainants.
Despite this, the state continued the prosecution, leading the accused to seek a referral to the Constitutional Court, arguing the state should not proceed without a complainant.
Sebastian Garikai, former acting director-general of the SRC, testified that using the ZIFA letterhead violated the suspension terms, which barred the accused from acting as ZIFA officials.
Garikai alleged that Mamutse authored the letters on behalf of the ZIFA board, making all involved liable.
Prosecutor Oscar Madhume questioned how the others were linked if Mamutse signed the letters, to which Garikai responded that the letters were written on behalf of the ZIFA board.
Garikai acknowledged that the suspension letter did not specify prohibitions, including the use of the ZIFA letterhead.
The prosecutor asked if the suspension conditions were communicated directly to the accused. Garikai replied that the suspension letter did not outline specific conditions.
Garikai admitted that the SRC did not verify whether the five accused wrote, signed, and sent the letters and that the police report was based on accounts from Xolisani Gwesela and other ZIFA officers.
Lawyer Admire Rubaya challenged Garikai to prove the allegations without verification from a handwriting expert, suggesting Gwesela had personal motives.
Garikai agreed that he did not consult the accused before filing the police report.
He also the court that despite suspending the former ZIFA board members, FIFA rejected the SRC’s actions and banned Zimbabwe from international football activities.
This supported the defence’s claim that there was never a valid suspension, as FIFA continued to engage with the board members during the SRC’s allegations.
Garikai conceded that at the time of the alleged misrepresentations, the accused were recognised as the legitimate football leaders in Zimbabwe due to FIFA’s suspension of the country.
The defence argued that Mamutse’s suspension was irregular since he was a ZIFA employee under a private contract, not a board member.
The case will continue on October 31.
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