Magaya to sue ZIFA boss for disparaging Heart Stadium
HARARE – Walter Magaya’s Heart Group, owners of Heart Stadium in Harare, has launched a fierce attack against ZIFA normalisation committee chairperson Lincoln Mutasa.
Mutasa claimed in a statement on Monday that the preacher’s stadium did not meet the required standard for hosting international football matches.
In a direct response communicated through legal representatives, the group has demanded a retraction from the ZIFA boss and has further threatened legal action for defamation, seeking US$1 million in damages if he does not address the “misrepresentations”.
The group has accused Mutasa of spreading false information about the condition of their stadium and believes that he intends to tarnish its reputation and that of Magaya, who has been associated with the highest position in the football governing body.
This comes as a rebuttal to a strongly worded press release from ZIFA concerning the suitability of Heart Stadium to host CAF matches for Dynamos and Ngezi Platinum Stars this month.
Also Read: Magaya builds Heart stadium in Malawi after rejection in Zimbabwe
ZIFA alleged that the group lacked appropriate restroom facilities and media rooms, which are essential requirements for a stadium to be approved for hosting international matches.
Through their lawyer, Admire Rubaya of Rubaya and Chatambudza Attorneys, the group has stated that Mutasa or the association have never visited the stadium in the first place.
They find it strange that they could still claim to know the facility.
“Our client was shocked that you claim to have conducted preliminary inspections of the Heart Stadium regarding its suitability to host Ngezi Platinum Stars and Dynamos Football Clubs’ preliminary CAF Competitions fixtures.
“It is very unprofessional for you to communicate falsehoods to the nation in the absence of a physical inspection.
“It is further perplexing that you claim that our client’s stadium lacks a media tribune yet journalists from all the media houses have never lodged any complaint regards that,” said Rubaya in a letter of demand to ZIFA.
They said Mutasa and ZIFA even snubbed several invitations to inspect the stadium and also its recent commissioning by President Emmerson Mnangagwa hence, have no standing to pass comment on a facility they have never been to.
They said it was defamatory for ZIFA to claim that the president presided over a sham project further demanding a retraction.
The group further slammed Mutasa for being “excitable and reckless by relying on rumours without verification.
“It is unfortunate that you want to gather information based on rumours from social media, which might be very misleading.
“You should know that you are no longer a nonentity, but you occupy a very important position thanks to FIFA for choosing you.
“Therefore, you need to approach football issues with caution, and you need to conduct yourselves with absolute candour as well as with probity as football leaders in this country.”
The lawyer vowed to seek legal recourse if Mutasa and his association do not retract the statement.
Rubaya further said what ZIFA did is equal to cyberbullying and harassment, which is now an offense under the Data Protection Act.
“It is elementary to verify issues before placing same in the public domain so that you avoid being unnecessarily dragged to court lest you cry victimisation yet you would have acted in a brazenly irresponsible and reckless manner.
“In the same vein, please note that our client reserves the right to institute criminal charges against the responsible ZIFA personnel and particularly yourself, Mr Chairman, who issued that press release.
“We urge you to consider Section 164B, 164C of the Amended Criminal Law Codification and Reform Act [Chapter 9:23], which was amended through the Cyber and Data Protection Act [Chapter 12:07.
“These two offenses create provisions related to cyber-bullying, harassment and transmission of false data messages intending to cause harm which includes economic harm. Please take these allegations seriously, failing which you will only have yourselves to blame.
“In the event that you fail to retract the defamatory statement as demanded, our client shall proceed to issue summons and claim damages for defamation in the tune of US$1,000,000 without any further notice to you,” the letter reads.