Court dismisses ex-Zifa trio’s application
AN application for excerption to charges by former Zifa chief executive Henrietta Rushwaya and her alleged accomplices, Edzai Kasinauyo and axed Warriors assistant coach Nation Dube was yesterday dismissed.
The trio is accused of being behind the “Limpopogate” match-fixing scandal.
Through their lawyers Messrs Simon Mupindu, Harrison Nkomo and Simon Simango, they submitted that there was no complainant in the matter.
“The court sat without a complainant. Jonathan Mashingaidze is no longer the chief executive officer for ZIFA,” they said.
“Even if he was still employed, there was no board resolution that gave authority for a person to represent ZIFA.”
Prosecuting, Mr Timothy Makoni opposed the application saying the issue of a board resolution would be dealt with as the trial progressed.
“Section 171 (2) of the Criminal Procedure and Evidence Act, which is the basis of the application, says when one pleads, he ought to excerpt if it is his intention,” said Mr Makoni.
“To do so after evidence has been led is unprocedural. The issue of the absence of a board resolution may be dealt with during trial,” he said.
In her ruling, Harare magistrate Ms Lucy Mungwari said the application came after the third witness, Mashingaidze, indicated the lack of a board resolution.
“The said section provides that an accused can plead and excerpt, it does not provide for an excerption after evidence has been led,” she said.
“Doing so is rendering judgment when trial is midway.
“The court is not duty bound to attend to the application now, but at judgment. Therefore trial continues.”
Mr Makoni called Dynamos Football Club goalkeeper Tatenda Mukuruva as his next witness.
Mukuruva said he received a phone call from Warriors coach Callisto Pasuwa informing him that he would receive a phone call from South Africans.
“Pasuwa added that the intention of the call was for match fixing for Zimbabwe versus Swaziland home and away games,” said Mukuruva.
“Later a South African man who identified himself as coach Ian called me saying a South African team was interested in having me.
“He asked me if I could travel to South Africa to meet the official, but I told him that I needed to first seek clearance with my team,” he said.
“The man said he would call me again, but he did not. I informed Pasuwa what had transpired.”
The trial was adjourned to Tuesday.
It is alleged Rushwaya and Waguta, who became the whistleblower, were working in connivance with Chan Sankran, a wellknown Asian match-fixer who was the financier.
In February this year, Rushwaya and her accomplices allegedly agreed to fix the AFCON qualifier matches between Swaziland and Zimbabwe, which were scheduled for March 25 and 28 in Mbabane and Harare, respectively.
They agreed to offer bribes to Zimbabwe national soccer team players as an inducement to lose the game.
It is also alleged that they agreed to implement their plan after announcement of the team selected to play against Swaziland.