CAS, Zifa note receipt of nomination appeals

Lovemore Dube and Sikhumbuzo Moyo

THE Zifa Electoral Committee, seized with organising elections for a substantive board on January 25, has commended two disqualified candidates for following the proper appeal procedure.

They remained hopeful that elections would go ahead on the set date despite legal challenges.

Benjani Mwaruwari and Gift Banda, who were after the Zifa president and vice-president’s posts respectively, approached Court of Arbitration in Sport (CAS) after being disqualified from the list of eligible candidates.

Speculation is rife that they were disqualified for not having five O-levels or the equivalent.

The Zifa Normalisation Committee, which is also the electoral committee, disqualified several candidates for reasons that were kept away from the public to save the candidates from embarrassment.

Farai Jere and Temba Mliswa were among the biggest casualties of those deemed not to meet the criteria set down following the drafting of a new constitution adopted on November 22 and the appointment of an ethics and integrity committee led by veteran legal personality, Muchadei Masunda.

“We applaud Benjani and Gift Banda on their willingness to comply with Zifa Statutes and procedurally challenge their ineligibility at CAS and we are co-operative in our approach and will ensure the process remains as transparent as possible and will respect the CAS verdict when it comes.

“We are working closely with our external Counsel to ensure we respond within the stipulated dies induciae of two days and will be following closely the CAS proceedings. For the avoidance of doubt, we received the CAS application on Monday afternoon the 6th of January 2025,” wrote Zifa in their response to questions on the matter sent on Monday evening. 

The Zifa Normalisation Committee also acknowledged receiving Walter Magaya’s Court Application with the High Court of Zimbabwe.

According to election processes, appeals should be made with CAS.

“The Zifa Normalisation Committee acting as the Zifa Electoral Committee has acknowledged receipt of Walter Magaya’s Court Application for Review filed with the High Court of Zimbabwe following his ineligibility to run for Zifa Presidency which was communicated on the 23rd of December 2024. 

“In response Zifa Electoral Committee stipulates that Magaya’s actions of approaching local courts is ultra vires Zifa Statutes albeit it being an application for review — it does not address any procedural irregularities, but substantive issues, which should have been taken at the level of CAS under Zifa Statutes,” Zifa said. 

However, the appeals through CAS may have thrown the elections into uncertainty.

 The duo’s appeal is registered under CAS 2024/A/11104.

“Thank you for your enquiry. On 31 December 2024, the Court of Arbitration for Sport (CAS) registered the following appeal arbitration procedure: CAS 2024/A/11104 Benjani Mwaruwari & Gift Banda v Zifa Normalisation Committee. The arbitration is at an early stage and no further information is available at this time,” said CAS in an emailed response to an inquiry by Zimpapers Sports Hub.

Mwaruwari and Banda were two of the four aspirants who were barred from contesting by the Normalisation Committee, others being former Premier Soccer League chairman Jere and former legislator Themba Mliswa, who were both eyeing the Zifa presidency post.

With the appeal confirmation, the elections are now in doubt this month, unless CAS sets an earlier date for adjudication.

In another development, Mliswa has filed High Court papers  seeking nullification of the whole Zifa Electoral process arguing that it was being run using a constitution rectified by an illegitimate body.

In his application, the former legislator now turned traditional leader sighted the Zifa Normalisation Committee, the Sports and Recreation Commission (SRC) and the Ministry of Sports, Arts and Recreation as the first, second and third respondents, respectively.

“Take notice that the following grounds shall be relied upon in the application; The Zifa Congress Delegates who met at the Annual General Meeting of the First Respondent on the 18th of October 2024 and thereat passed the resolution to adopt the amended Zifa Constitution were devoid of authority to so act by virtue of some of the Congress delegates’ terms of office having expired in the period preceding the Annual General Meeting,” wrote Mliswa through his lawyers, MD Hungwe Attorneys at Law.

Mliswa argues that the amended Zifa Constitution, having been adopted by a body lacking in requisite mandate and authority, is a product of grossly flawed and irregular proceedings and therefore a legal nullity and no lawful process can emanate therefrom. 

“The Second respondent assented to and adopted the amended Zifa Constitution on the 7th of November 2024 despite the lack of authority or mandate regards the congress delegates of the first respondent and thus adopted a Constitution that was a product of a grossly flawed process, which adoption is in that score equally a legal nullity and ought to be vacated. 

“The subsequent electoral processes instigated by the first respondent through the Zifa Normalisation Committee under a Constitution that was irregularly adopted is equally flawed as it is premised on a Constitution whose existence is a legal nullity by dint of having been adopted by a body lacking the requisite authority and mandate,” argued Mliswa.

However Mliswa had sought nomination by the same councillors and submitted his papers to Zifa, who are the operational arm of the Assembly.

He allegedly even took some councillors to South Africa to watch the Warriors as part of the familiarisation exercise towards the elections.