Zifa bosses Felton Kamambo and Philemon Machana were yesterday both freed on bail by a Harare magistrate following their arrest for fraud at the weekend.
The State initially opposed bail on Kamambo and Machana but conceded on board members Bryton Malandule and Stanley Chapeta as well as general-secretary Joseph Mamutse.
They are all accused of illegally conducting Zifa business while they were suspended by the Sports and Recreation Commission.
Kamambo and Machana’s lawyer accused the State of abusing the justice system to try and wrest power from an elected board.
Admire Rubaya representing the quintet of Kamambo, Machana, Chapeta, Mamutse and Malandule raised issues with the conduct of the SRC.
The State is accusing the five of misrepresenting that they were still at the helm of football administration.
Investigating officer Dumezeli Mahlangu, while leading evidence for the State argued that the main reason for denying bail to Kamambo, Machana and Chapeta was that they could abscond court and also commit other offences related to football.
“Since the State granted bail to Mamutse and Malandule, we treat them all the same since they have committed the same offence. They can continue committing the same offences of similar nature. The accused person are executive members of Zifa and are on suspension so they are not supposed to do anything to do with Zifa. They are still purporting to represent Zifa,” Mahlangu said.
While under cross-examination from Rubaya, Mahlangu failed to explain to the court what offence the accused persons committed.
Mahlangu was asked to read the charge sheet and point where there were misrepresentations, but he failed.
Magistrate Stanford Mambanjegranted the trio $100 000 bail each saying there were no compelling reasons to deny them bail.
As part of their bail conditions, they were ordered to report once a week, to surrender travel documents, not to interfere with witnesses, not to visit Zifa offices and not to deal with any Zifa officials.
Mambanje remanded them to March 31 pending finalisation of the investigations.
The complainant was the Sports and Recreation Commission [SRC] and was being represented by Sebastian Garikai in his capacity as the acting director-general of the SRC.
Allegations are that on November 16 last year, the SRC suspended the entire Zifa executive committee for gross incompetence and misappropriation of the association’s funds.
It is alleged that after the suspension and during the period between January and 02 February 2022, the accused persons acting in connivance wrote various letters on a Zifa letterhead purporting to be Zifa executive committee members.