Zvikomborero Parafini, Court Reporter
ZIFA President Felton Kamambo on Tuesday filed an application seeking to quash charges he is facing on the basis that they are anomalous, irregular and offensive at law.
Through his lawyer Advocate Tawanda Zhuwarara, Kamambo filed the application before Deputy Chief Magistrate Bianca Makwande.
“The accused person stands charged with the crime of bribery as defined in s170 (b) (ii) of the Criminal Law and Codification and Reform Act, this citation is incorrect and the State must be referring to s170 (1) (b) (ii) of the Criminal Code, while this small oversight can be corrected, there are much more serious with the charge which render it defective beyond restoration.
“At law an accused person is entitled to apply to have the charge quashed or to except to such a charge on the ground that it doesn’t disclose an offense cognisable by the Court, in casu, he contends that the charge he faces are anomalous, irregular and offensive at law.
“The charge should be clear as to why any allegation is considered criminal and ambiguous allegations are incapable of response, from the charge, it is not clear whether the prosecution is alleging that Kamambo gave the ZIFA association voters gifts or considerations, gifts are given ex gracia while on the other hand considerations are payments.
“Accused is faced with State papers that postulate different versions of allegations in such circumstances he is unable to fashion his defence because it is not clear what conduct the State is alleging to have been unlawful, this court has no choice but to proceed to quash the charges,” read part of the application.
The complainant is Dr Phillip Chiyangwa who is the current COSAFA president and was a sole contestant for the ZIFA Presidential post against Kamambo.
Allegations are that in December 2018, Kamambo offered gifts or considerations from his Ecocash to ZIFA 2018 congress voters.
All the gifts or considerations paid by Kamambo were reportedly meant to induce voters to vote for him and are all documented in his Ecocash history on the number he was using at the time of arrest and those of the voters.
The Ecocash history of the inducements he paid were lawfully obtained as exhibits and will be produced in court as evidence.
The State alleges that there was no agreement or arrangement in place between ZIFA Electoral Committee and voters entitling them to receive such considerations or gifts as indicated in the schedule.
As a result of the payments, Kamambo received 35 votes against the 24 votes received by Chiyangwa and was announced the eventual winner by Vusi Vuma ZIFA Electoral committee chairman.
Michael Reza appeared for the State.