mbulelo smpofu
Lovemore Dube, lovemore.dube@chronicle.co.zw
Bulawayo High Court judge, Justice Ngoni Nduna, yesterday postponed Themba Mliswa’s case to tomorrow after Zifa’s legal representatives failed to appear, citing their involvement in another case in Harare.
Mliswa, Benjani Mwaruwari, Farai Jere, Gift Banda, and Walter Magaya were disqualified from participating in the 25 January elections for various reasons. Banda and Mwaruwari have since taken their case to the Court of Arbitration for Sport (CAS), as prescribed by the Zifa Statutes.
Article 85.9 of the statutes reads: “For the elections of the Executive Committee, which shall take place following the adoption of these Statutes, the Normalisation Committee shall act as the Electoral Committee as defined in the Electoral Code. Any appeal against any decision of the Normalisation Committee in connection with the elections shall be referred to CAS.”
The case was due to be heard yesterday but could not proceed as Zifa’s lawyers were engaged in another election-related appeal in Harare.
The former Norton legislator was at the Bulawayo High Court yesterday, accompanied by his lawyers, Musindo Hungwe and Tatenda Madamombe. Hungwe explained that the matter could not be heard as the respondents’ lawyers were handling a case in Harare at the same time.
“They were only made aware of the hearing this morning. We were ready to proceed, but the respondents’ lawyers were appearing in another matter in Harare. The court decided to defer the case to a later date. It has been rescheduled to Thursday at 8.30am,” said Hungwe at the Bulawayo High Court yesterday.
Derek Kossam, representing Zifa’s lawyers, stated that the court could not hear the case as Zifa, cited as the respondent, had been served late on Friday. He added that Zifa only became aware of the hearing at 9am, the same time the court was scheduled to sit.
Mliswa, disqualified from contesting the 25 January elections, has taken the national football governing body to court, alleging irregularities in the process. Fifa had ordered a comprehensive election process after former councillors were mandated to adopt the new Zifa constitution, which included amendments to the 2013 version.
The election process is being overseen by the Zifa Normalisation Committee, which also serves as the Zifa Electoral College. Both have been working in conjunction with the Zifa Ethics and Integrity Committee, chaired by Muchadei Masunda.
Mliswa argues that the Zifa Assembly’s mandate expired in 2022, rendering the current election process invalid.
Meanwhile, in Harare, Eddie Chikamhi and Yeukai Karengezeka reported that lawyers representing disqualified Zifa presidential aspirant Walter Magaya insisted that the clergyman’s name should be included on the final list of candidates to be published today, pending the hearing of an urgent chamber application for an interdict at the High Court.
High Court Judge Justice Chitapi deferred Magaya’s case to Friday noon. Magaya is challenging the Zifa Ethics Committee’s decision to bar him from contesting for the association’s presidency in the forthcoming elections.
Despite ongoing court challenges, Zifa is expected to announce the list of candidates today and proceed with preparations for the 25 January elective ordinary Congress as dictated by the statutes.
Magaya is one of five Zifa aspirants dissatisfied with the Ethics Committee’s ruling, which deemed them to have failed the association’s ethics and integrity test. The clergyman has since lodged appeals with both the Court of Arbitration for Sport (CAS) in Switzerland and the High Court of Zimbabwe.
Speaking after the High Court session yesterday, Magaya’s lawyer, Tavonga Makamure of Rubaya and Chatambudza Legal Practitioners, stated that their client remains a candidate until a final determination is made by judicial bodies.
“Our understanding is that Zifa must publish the list, including our client’s name, even if they indicate it is subject to the hearing of the matter, as our client has not been legally disqualified,” said Makamure.
Outgoing Premier Soccer League chairman, Farai Jere, was also deemed ineligible by the Ethics Committee but chose not to appeal.
In his urgent chamber application filed at the High Court before Justice Tawanda Chitapi, Magaya cited Zifa Normalisation Committee chairman Lincoln Mutasa as the first respondent, with the Zifa Electoral Committee and the Normalisation Committee as the second and third respondents.
All parties were present at the hearing, with Zifa Normalisation Committee chair Mutasa accompanied by legal practitioner Chenaimoyo Gumiro, while Magaya was represented by Advocate Thabani Mpofu, Everson Chatambudza, and Makamure.
The urgent chamber application was granted and postponed to Friday.
“We had a case management session for the matter today (yesterday), and it will now be heard on Friday. Both the urgent matter and the main review will be addressed,” said Makamure, expressing confidence that the case would be resolved before the election day.
Zifa’s lawyer, Gumiro, noted that they were now preparing their arguments. “The case has been postponed to Friday. Instead of arguing the urgent application, we agreed to hear the main review application. There wasn’t much progress today, and we are now looking ahead to Friday,” said Gumiro.
Barring a court injunction or any other dramatic development, the Zifa elections are expected to proceed as planned on 25 January.
shloboe boe
