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Date: 24 April 2019

  Zimbabwean - Soccer

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Rushwaya DC begins, finally!

[Posted 07 Sep 2010]
[By Brighton Mupangavanhu]
Rushwaya"s disciplinary hearing has started

The disciplinary hearing of suspended ZIFA Chief Executive Officer Henrietta Rushwaya finally took off at a venue in the Zimbabwe capital Harare yesterday. The hearing had been postponed twice in the past month.

A special committee set up by ZIFA is carrying a formal inquiry into allegations which Rushwaya is facing.

Rushwaya is facing several charges which include unlawfully sanctioning or allowing the Zimbabwe senior national team, the Warriors, to travel to Malaysia for matches without the requisite authorisation of ZIFA and the Sports Recreation Commission (SRC), which is a contravention of certain sections of the SRC Act.

The ZIFA CEO also faces an additional charge of failure to account for a loan of $103 000 borrowed from SRC on behalf of ZIFA.

Yet another charge which Rushwaya faces is an allegation of entering into an agreement with Kentaro A.G , a Swiss agent, on behalf of ZIFA without seeking authority of the ZIFA board.

Rushwaya stands accused of having signed away television rights and rights to give away all the proceeds of the Zimbabwe v Brazil match played on 2 June this year to Kentaro.

Kentaro,  the Swiss agents who are responsible for arranging Brazil's friendly matches and who helped bring Brazil to Harare in June, are now suing ZIFA for an estimated $650 000 from gate-takings during the match played at the National Sports Stadium.

During the first day of the hearing yesterday, Rushwaya's lawyer Selby Hwacha raised a point in limine, a preliminary objection on how the disciplinary panel was constituted. Impliedly Hwacha must have been asking for some members or maybe all members of the panel to recuse themselves due to suspected interest or possibility of bias in the adjudication process.

The ZIFA lawyer Mr. Ralph Maganga has confirmed that the disciplinary hearin has been adjourned to allow the preliminary issues raised by the defence lawyer to be considered.

"I can confirm that the hearing commenced and the other side raised a number of preliminary issues in terms of procedure related to the process,"  Maganga told the Herald newspaper.

"The panel will now rule on the issues raised by the other party on Wednesday."

It is not clear what the reasons for such a stance from Rushwaya's lawyer could be.

In an interesting development, the panel which sat yesterday was made up of Labour Court judge Custom Kachambwa, Harare lawyer Vimbai Nyemba and Public Services Association Independent Arbitrator Nasho Wilson

It might not have been necessary to have a Labour Court judge sitting in a disciplinary hearing, but given the seriousness and possible ramifications of the matter, ZIFA might have found it necessary to elist the services of a judge at this stage.

Judge Kachambwa is expected to rule on the point in limine raised by Mr. Hwacha on hehalf of his client Rushwaya on Wednesday morning. 

ZIFA recently announced that national team players implicated in the match-fixing scandal for which Rushwaya is now facing the music may not face disciplinary action as long as they availed themselves to assist in the investigations into the match-fixing scandal which has rocked Zimbabwe football.

The Warriors embarked on an image-redeeming mission on Sunday when they came out of Monrovia with a result. That fine result is expected to inspire the team in the next home assignment against Cape Verde in early October in an Africa Cup of Nations qualifier.

Zimbabwe is in group A, in which they are competing with Mali, Liberia and Cape Verde for an automatic place at the AFCON finals to be co-hosted by Equatorial Guinea and Gabon in 2012. 


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