HIGHLANDERS vice captain and defender Peter ’21 Questions’ Muduhwa was found guilty by the Premier Soccer League disciplinary committee for failing to protect match officials against acts or attempted acts of violence or any other form of abuse before, during or after a match.
According to the judgement, allegations are that on the 10th of September 2023 at Barbourfields Stadium during a League match between Highlanders FC and Dynamos FC, the referee reported that “as we got into the dressing room entrance, Highlanders player number 21.
Mudhuwa Peter stopped us from entering the dressing room shouting “Lingabavuleli batshiyeni betshaywe” (Don’t open for them, leave them so that they are beaten)”
It was the disciplinary committee, led by Doreen Gapare who was the chairperson and members Wellington Magaya and Ralph Tsivama’s contention that Muduhwa’s actions were in contravention of Order 31 of the Castle Lager PSL Rules and Regulations which states that, it is an Act of Misconduct on the part of a player who; 31.2.11 Fails to protect match officials against acts or attempted acts of violence or any other form of abuse before, during or after a match; 31.2.16 Commits any act, makes any statement, either orally or in writing, or has been responsible for conduct which is considered ungentlemanly, insulting or improper behavior, or likely to bring the game or any of its sponsors, any member, the League, ZIFA, CAF or FIFA into disrepute.
Muduhwa, who was in the company of club vice chairperson Sifiso Siziba and Oppah Mpofu pleaded not guilty to the charges. He was however subsequently found guilty and fined US$500 which much be paid on or before October 17. In addition he was slaped with a four match suspension.
Below is the full judgement.
JUDGEMENT
Evidence was led from the referee Allan Bhasvi who testified to the effect that during the Chaos that ensued when there was a problem of crowd control the accused ran and instructed that the person manning the gate should not open for the referees and that they should be left to be beaten by the fans. The referee stated that he knows the accused and can positively identify him. He further stated that he has no reason to lie against him or fabricate events.
During cross examination, the player and the club representatives sought to discredit the referee as being biased and made reference to a prior incident. The referee was clear that he made all efforts to manage the tense atmosphere as it appeared that the player wanted to taunt or gourd him into making a determination or ruling that would somehow play into the narrative that the referee was biased against the accused.
The committee found the witness’ evidence to be credible and reliable. He presented his evidence in a clear and concise manner, even during cross examination by the accused. The accused sought to discredit the witness but inadvertently revealed that it was in fact he who held a grudge against the referee from their prior encounters. It can be reasonably inferred that the accused harbored some residual resentment from their previous encounters to an extent that when violence broke out he may have uttered the ungentlemanly and improper words and therefore failed to protect match officials against acts or attempted acts of violence or any other form of abuse before, during or after a match.
Reasons for Sentence
in arriving at the appropriate sentence, we have considered the evidence and the submissions made by both parties. We have taken into account that the accused is a professional footballer who makes a living through playing football.
As a team vice- captain he is aware that players have a major responsibility to protect the image of the game and team captains play an important role in helping to ensure that the laws of the game and referees and match officials are respected.
If the accused felt that the referee had been biased against him in the past as suggested he should have followed the proper channel in lodging a protest against referee, rather than choosing to take advantage of the chaotic situation and utter such statements.
Furthermore, the accused made the statement at a time when tensions were high and there was violence and damage to property which ultimately caused the match to be abandoned.
We are convinced that the accused indeed uttered those words or words to the like effect were uttered by him.
In arriving at the appropriate sentence, we have taken into account the fact that there
is a need to ensure that players are deterred from acting on their emotions. A threat of
violence is indeed violence. There is need, therefore, to send a very strong message to
deter such minded people.
In arriving at the appropriate sentence, we stand guided by the standing orders, and the principle of consistency and uniformity.
