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Rushwaya ruling today


Regional magistrate Estere Chivasa is today expected to deliver a determination on whether former Zimbabwe Football Association (Zifa) CEO Henrietta Rushwaya should be prosecuted on charges of failing to disclose to Zifa the full nature of transactions pertaining to alleged unsanctioned games played by the Warriors overseas.

Through her lawyer, Jonathan Samukange, the former Zifa boss, who is facing nine counts of corruptly concealing a transaction from her principal, pleaded not guilty to all the counts arguing that the matter was purely a labour dispute and not criminal.

Both the State and the defence proceeded to make submissions in support of their cases and eventually the magistrate postponed the matter to today for ruling.

Last week, prosecutors Sidwell Chinzete and Oliver Marwa intended to proceed to open the State case by calling witnesses, but Samukange immediately made an application for an exception to the charges, arguing that they did not disclose a criminal offence.

Samukange further contended that there was no complainant in the matter and as such the defence was lost as to who was representing Zifa.
The defence argued that although the State intimated it would call about 20 witnesses, none amongst them claimed to be a representative of Zifa.

Samukange said in order for the charges against Rushwaya to be classified as offences, the alleged transactions must have been concealed corruptly.

The State, however, opposed the application, arguing the charges were clearly spelt out as per the Criminal Law (Codification and Reform) Act.

The state insisted Rushwaya failed to disclose to her principal the alleged unsanctioned games played by the Warriors in Oman, Bahrain, Jordan, Malaysia, Bulgaria, China and Thailand, thereby intending to deceive Zifa.

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