FORMER Zimbabwe Football Association (Zifa) executives Felton Kamambo, Brighton Malandule, Philemon Machana, Stanley Chapeta and Joseph Mamutse facing fraud charges emanating from a clash with the Sports and Recreation Commission (SRC) have taken the fight for their freedom to the Constitutional Court.
On Friday, the five notified the court of their intention to take the matter to the apex court indicating their displeasure in how the State has handled the matter.
They are accused of writing letters on Zifa letterhead purporting to be executive committee members at a time they were on suspension.
The State has refused to withdraw the allegations despite the SRC which is the complainant pulling out of the matter.
They believe the State’s conduct is bad for football as the withdrawal by SRC was part of their agreement with FIFA, the world football governing board to have the nation restored to international football after a two-year ban.
Represented by Admire Rubaya believe their rights are being violated by the prosecution and want the apex court to determine the lawfulness of their prosecution.
“The accused persons are facing allegations arising from a criminal complaint lodged by SRC, and the trial has commenced before you. Midway, the SRC has effectively informed the prosecutor general that they are withdrawing the charges against the accused.
“The chairman of SRC, Gerald Mlothswa on June 14 2023, advised the then acting prosecutor general Nelson Mutsonziwa that SRC no longer considered itself the complainant in the matter. The SRC is the only witness of critical importance and we are saying whatever the State wants to do must be in terms of the law. The withdrawal by SRC was used as one of the basis to uplift the ban on ZIFA,” Rubaya submitted.
They are seeking to have the top court intervene and protect their constitutional right to liberty.
“The process the State wants to undertake is an abuse of the court process. The decision of the prosecution is moral defilement and unlawful deprivation of accused personal liberty. It is their belief that the process is unconstitutional,” he added.