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Court Reporter 

THE cost of misrepresentation by suspended Zimbabwe Football Association (ZIFA) executive members does not necessarily have to be suffered by the congressmen where the association’s letterheads were allegedly misused, but by any other third party involved, a court heard.

The suspended ZIFA executives – Felton Kamambo, Joseph Mamutse, Stanely Chapeta, Bryton Briton Malandule and Phillemon Machana – had no right to use the association’s letterheads, the State has said.

Prosecutor Mr Kennedy Madekutsikwa said this when responding to the suspended executives’ application for refusal for further remand where they are charged with fraud.

Through their lawyer Mr Admire Rubaya, the suspended executives challenged their continued placement on remand, arguing that there is no indication of what is it that the alleged unnamed various members of the ZIFA congress did upon receipt of the alleged letters.

They also questioned how the Sports and Recreation Commission (SRC) became the complainant in a matter when there was no indication that it received the said letters.

The five said the SRC was not a victim under the circumstances.

They claimed that recipients of the alleged letters ought to have been the ones complaining against them.

Mr Madekutsikwa said the five’s arguments were of no effect and irrelevant.

“The prejudice does not need to have been suffered by the ZIFA congressmen, it can be suffered by a third party- the State or the community in general and in this case it was suffered by ZIFA in the form of good governance.

“The Sports and Recreation Commission (SRC) is a creature of statute and was created by the Sports and Recreation Commission Act. 

“According to section 19 of the SRC Act, one of the objects of the SRC is to ensure the proper administration of organisations undertaking the promotion of sport and recreation,.

He said the Act also gives the SRC power to register all national associations.

Mr Madekutsikwa said the issue of suspension, which the five are contesting, can only be resolved by the Administrative Court.

“It should also be noted that FIFA has even requested that SRC to uplift the accused persons’ suspension.

“This request would not have been made if the suspension was of no effect. To date the SRC has not uplifted the suspension.

“The state submits that any further issues in regards to the SRC’s decision can only be properly addressed in determination of the appeal made by the accused persons but their suspension stands,” he said.

Harare regional magistrate Mr Stanford Mambanje is expected to make a ruling on April 28.