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Lovemore Dube
THE case in which Temba Mliswa is questioning his disqualification from the Zifa elections, where he was seeking to run for president, has been transferred to Harare by Justice Nduna of the Bulawayo High Court.
Justice Nduna moved the case to Harare and transferred all relevant files so it can be heard jointly with that of Walter Magaya, as the two cases are similar. Magaya was also disqualified from contesting the January 25 elections and has approached the courts to reinstate him as a candidate.
Mliswa’s lawyer, Musindo Hungwe of MD Hungwe Attorneys, informed Zimpapers Sports Hub after a brief sitting in Bulawayo yesterday that Justice Nduna had made the transfer. Justice Chitapi is now expected to hear both cases. Magaya’s case, originally scheduled for last Tuesday, was deferred to today.
Mliswa is challenging the legality of the entire election process, arguing that the Assembly’s tenure ended in 2022, meaning it has no legal standing to approve a new constitution or to nominate and vote for new board members.
“The High Court judge, on considering the matter — which is similar in substance and seeks a stay or moratorium—was of the view that both cases should be handled by the same judge.
“He has transferred the matter to Harare to be heard by Justice Chitapi. We hope for a resolution in the shortest possible time,” said Hungwe.
Hungwe noted that Justice Nduna wanted to avoid a scenario where conflicting judgments could arise from separate hearings on essentially the same issue.
Meanwhile, Zifa presidential hopeful, Magaya, is contesting the requirement for an O-Level certificate for the presidential and vice-presidential posts. He has also lodged an appeal with the Court of Arbitration for Sport (CAS).
Magaya stated that he did not submit an O-Level certificate but instead provided higher qualifications. He was disqualified for failing to submit proof of an O-Level certificate for the January 25 board elections, as stipulated by the Zifa Electoral College and the Zifa constitution. Magaya is calling for the postponement of the elections.
Both cases are urgent applications. In his appeal to CAS, Magaya is seeking to have the disqualification decision overturned and a tribunal appointed to consider his case.
“In the present appeal, the appellant is requesting the Court of Arbitration for Sport to appoint a tribunal to determine an appeal against the decision of the Zimbabwe Football Association, represented by the first respondent (Lincoln Mutasa), to disqualify the appellant from the ongoing elections for the Zifa presidency.
“It was concluded that the appellant did not meet the necessary criteria to proceed as a candidate, specifically due to the non-submission of his Ordinary Level certificates.
“While it is admitted that the appellant did not submit proof of the minimum five O-Level passes, the appellant contends that the interpretation requiring a candidate to produce an O-Level certificate, even when they hold superior qualifications, is flawed, unduly restrictive and grossly illogical.
“No decision-maker, properly applying their mind, would come to such a conclusion. Alternatively, the appellant argues that the provision is discriminatory and deliberately designed to exclude administrators and former players from participating in the governance of the sport,” reads his appeal.
Magaya claims that his marketing certificate, marketing diploma and theology diploma are superior to the minimum requirement of an O-Level certificate.
Magaya, Mliswa, Farai Jere and Benjani Mwaruwari were all barred from contesting by the electoral committee. Mwaruwari has also taken his case to CAS.
Twine Phiri, Martin Kweza, Marshall Gore, Philemon Machana, Nqobile Magwizi and Makwinji Soma-Phiri have been cleared to contest.
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