Prophetic Healing and Deliverance (PHD) leader Walter Magaya has ordered the ZIFA Normalisation Committee to retract the press statement they issued yesterday with regards to The Heart Stadium.
The Lincoln Mutasa-led administration issued a statement addressing the status of The Heart Stadium in terms of potentially being used by Zimbabwe’s representatives in CAF’s inter club competitions —Ngezi Platinum Stars and Dynamos.
According to ZIFA, the facility does not have basic CAF requirements like a media tribune and a designated area for vulnerable people, claims vehemently denied by Magaya, through his lawyers Rubaya and Chatambudza Legal Practitioners.
“1. The above mater refers and ni particular our client. The Heart Group [Pvt] Ltd which instructs us ot engage with you concerning the disparaging press release that you circulated no hte 5″ of August 20234ni relation ot hte Heart Stadium. Please
note our professional interest in the mater.
.2 Our client was shocked that you claimot have conducted preliminary inspections of the Heart Stadium regards its suitability to host Ngezi Platinum Stars and Dynamos Footbal Clubs’ preliminary CAF Competitions Fixtures. tI si very unprofessional for you to communicate falsehoods ot the nation ni the absence of a physical inspection.
21. Our client wants you to advise the nation as to when you requested to formally conduct the so-caled preliminary inspections specifically to ascertain fi our client’s stadium si suitable ot host hte CAF Competitions Fixtures.
Our client instructs that it never received any formal request from ZIFA regards being had ot hte aleged preliminary inspection. Furthermore, it
chalenges you ot provide the nation with that request as wel sa the invitation and /or confirmation from the Heart Stadium administration authorising you to visit his state-of-the-art stadium for the preliminary
inspections. fI you do not produce same, ti simply means that you have misled our football-loving nation. One wonders why you would stoop so low
for purposes of claiming that you had done preliminary inspections yet none have been conducted.
2.3 It is our client’s contention that you have an insatiable appetite to destroy our client’s reputation in circumstances where your role is to administer Zimbabwean football to be world-class.
3. It is further perplexing that you claim that our client’s stadium lacks a media tribune yet journalists from al the media houses have never lodged any complaint regards that. You should also know that ZTN streams live most of the matches
which are played from the Heart Stadium and the commentators will be performing their duties without any challenges. It is only that you would never know this because like you said you have never physically attended a football match from any stadium ni this country like you said before the Parliamentary Committee on Sport.
3.1 It is unfortunate that you want to gather information based on rumors from social media which might be very misleading. You are encouraged ot take a step back and do a self-introspection as to whether or not your press release was justified or called for. Did you give our client the right to reply
before issuing the unfortunate press release? You know the answer!
32. 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 ned ot approach footbal issues with caution and you need ot conduct yourselves with absolute candor as well as with probity as football leaders in this country.
3.3 You should not be over-excited and make reckless press statements which have disparaging effects to people like our client who are trying to do their best for the Zimbabwean Football.
3.4 It is critical for you to have regard to a brief background regards this
Stadium. This Stadium si aprivate project which was developed yb asingle entity which took up the second Republic’s mantra -Nyika inovakwa nevene
vayo into action.
4. Our client invited you to the Heart Stadium during its inception stage as the governing body to guide and direct them every step of the way but surprisingly
snubbed the invitation.
4.1 We would like to make to categorically clear that the President did not preside over a sham of a Stadium but a facility with al basic requirements for it to be utilized.
4.4
He officially opened an arena that was constructed by proper engineers which subscribed to requisite quality and standards. This is why every team. It was only the Sports and Recreation Commission that took it upon itself to second members to the stadium for direction and advice. Furthermore, after the completion of the first phase, you were invited to the official commissioning of the facility but you totally ignored the invitation as you had no representation at the official opening despite having other sports governing bodies in attendance, your absence was conspicuous.
The event was officiated by His Excelency, the President of the Republic of Zimbabwe, Cde. Dr. ED. . Mnangagwa on the 10th of December 2023.
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5. Furthermore, our client invites you to consult those that have visited the ground to tell you about the state of its ablutions. Our client believes it actually has the best out of any stadium in the country thus far.
5.1 You are releasing statements from hate position of a person that is uniformed. You literally admitted before the Parliamentary Committee that you have never attended a match so you personally do not have a clue of the current state of the stadia hi the nation and the standard they should aspire to.
To be clear, our client’s instructions are that you published the statement that our client’s stadium was a sham and not fit for purposes of hosting CAF competition matches because there are no ablutions which meet the so-called required standards
7. We hasten to point out that this online press statement has had a wide coverage sa ti has been read by the general populace including users of Facebook, Instagram, and Twitter where the same article has been shared via popular social media applications like WhatsApp. Other online platforms had afeast of that
press release and have proceeded to share it on their social media platforms.
8. It is our client’s view that the statement which was published on your online platforms, is false and defamatory as ti was understood by a reasonable viewer/reader, to cary one or more of the following meanings:
8.1 That our client’s stadium is not a safe stadium to host football matches.
In light of the above, our strict instructions are to demand, as we hereby do, the publication of a full unconditional and unreserved withdrawal of that defamatory press release and the related imputations together with an expression of request on the same within twelve hours of receiving this letter as well as an instruction to your personnel in charge of the content on your social media pages/handles to delete the posts in question.
15.Our client instructs us to give you free advice that you should practice your online communications without tarnishing other innocent souls based on lies and falsehoods. Our client si very aware that there should be freedom of the press and the need for you to inform the general populace but that si not a licence for irresponsible and reckless reporting of brazen falsehoods. It si elementary ot verify issues before placing same ni the public domain os that you avoid being unnecessarily dragged to Court lest you cry victimisation yet you would have acted in a brazenly irresponsible and reckless manner.
16.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.
17. 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.
18.In the event that you fail ot retract the defamatory statement as demanded our client shal proceed ot issue Summons and claim damages for defamation ni
the tune of US$ 1000, 000, 0 without any further notice to you.”