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Lovemore Dube
THE case in which Temba Mliswa is questioning his disqualification from the Zifa elections in which he was seeking to be president has been transferred to Harare by Justice Nduna of the Bulawayo High Court.
Justice Nduna moved the case to Harare and transferred all files so that it can be heard jointly with Walter Magaya’s case since they are similar.
Magaya too was disqualified from the race for the January 25 elections and also sought the Zimbabwean courts to reinstate him.
Mliswa’s lawyer Musindo Hungwe of MD Hungwe Attorneys told Zimpapers Sports Hub that Justice Hungwe after a brief sitting in Bulawayo yesterday.
Justice Chitapi is now expected to hear both cases. Magaya’s case was deferred to today from the initial hearing date which was last Tuesday.
Mliswa is questioning the legality of the whole election process saying the Assembly is out of term with its tenure having ended in 2022. Because of that, it had no legal standing to approve a new constitution and later have the mandate to nominate and vote for new board position holders.
“The High Court Judge, on consideration of the matter which is similar in substance, seeking a stay or moratorium he was of the view that both matters be handled by the same judge. He has transferred the matter to Harare to be heard by Justice Chitapi, we hope we will hear from them in shortest space of time,” said Hungwe.
Hungwe said Justice Nduna did not want a situation where there could be two conflicting judgements on the same case. Meanwhile, presidential aspirant Magaya is challenging the demand for an O-level certificate for the post and that of vice president.
He has also sent his appeal to the Court of Arbitration for Sport (Cas). The Harare based Pentecostal leader said he did not submit his O-level certificate but instead sent higher qualifications.
Magaya was disqualified for not submitting an ‘O’ Level certificate for the January 25 board elections as demanded by the Zifa Electoral College and enshrined in the Zifa constitution.
Magaya wants elections postponed. Both matters are urgent applications.
What Magaya has prayed for at the Court of Arbitration for Sport is to have the decision set aside and there be a tribunal to consider his case.
“In the present appeal, 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 as represented by the first respondent (Lincoln Mutasa) to disqualify the appellant from the ongoing elections for the president of Zifa.
“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 that he has the minimum 5 O’ Level passes, appellant contends that an interpretation that a candidate for the position of president must produce an O’ Level certificate even if they hold superior qualification is flawed, unduly restrictive and grossly irregular in its defiance of logic such that no decision maker, properly applying his mind, would come to such a conclusion.
Alternatively, it is argued that the provision is discriminatory and is/was deliberately set to exclude administrators and former players from the administration of the game,” reads his appeal.
Magaya alleges a marketing certificate, marketing diploma and a theology diploma which regards as higher than the minimum requirement. Magaya, Mliswa, Farai Jere and Benjani Mwaruwari were all barred from contesting by the electoral committee.
Mwaruwari also took his case to CAS. Twine Phiri, Martin Kweza, Marshall Gore, Philemon Machana, Nqobile Magwizi and Makwinji Soma-Phiri were given the greenlight to stand.
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