ZIFA, Magaya case deferred

Eddie Chikamhi and Yeukai Karengezeka

LAWYERS representing disqualified ZIFA presidential aspirant Prophet Walter Magaya yesterday insisted the Yadah Stars president’s name should appear on the final list of the candidates that will be published today, pending the hearing of his High Court application for an interdict. 

This comes as High Court Judge Justice Tawanda Chitapi yesterday deferred to Friday noon the case in which Magaya is challenging the decision by the ZIFA Ethics Committee to exclude him from running for domestic football’s highest seat in the forthcoming elections.

Despite the lingering court challenges, ZIFA’s Electoral Committee are today expected to go ahead with the announcement of the list of candidates as well as the convocation of the January 25 elective ordinary Congress as dictated by their statutes. 

Magaya is one of the five ZIFA presidential aspirants, unhappy with the Ethics Committee’s verdict barring them from the race after they were adjudged to have fallen short of the association’s ethics and integrity test. 

However, the clergyman has challenged the decision at the Court of Arbitration for Sport (CAS) in Switzerland as well as at the High Court of Zimbabwe. 

Speaking after the High Court sitting yesterday, Magaya’s lawyer, Tavonga Makamure, of Rubaya and Chatambudza legal practitioners, argued that his client should be allowed to remain in the race until a final determination was made by the judicial bodies. 

“Our understanding is ZIFA must publish the list, which includes the name of our client, even if they indicate that it’s subject to the hearing of the matter, because our client has not been disqualified yet, legally,” said Makamure. Magaya, along with other disgruntled nominees — Benjani Mwaruwari and Gift Banda — have also taken their cases to the Switzerland-based CAS. 

The Yadah owner has also approached the High Court together with Themba Mliswa to seek redress. 

Mliswa’s court application was set to be heard at the Bulawayo High Court yesterday before it was similarly deferred to tomorrow.

Outgoing Premier Soccer League chairman Farai Jere was also adjudged by the Ethics Committee to have failed the eligibility criteria, but he decided against appealing. 

In his urgent chamber application filed at the High Court before Justice Chitapi, Magaya cited ZIFA Normalisation Committee Lincoln Mutasa as the first respondent, the ZIFA Electoral Committee, and the ZIFA Normalisation Committee, which the former Dynamos boss leads, as the second and third respondents.

All parties were in attendance, with Mutasa accompanied by legal practitioner Chenaimoyo Gumiro, while Magaya was in the company of his legal team, which also included Advocate Thabani Mpofu and Everson Chatambudza. 

The urgent chamber application was granted and deferred to Friday. 

“We have had case management for the matter today (yesterday), and now it will be heard on Friday. So, there are two matters that are going to be heard — the urgent matter and the main matter on review.” 

Makamure expressed confidence and hope that their matter would be heard before election day on January 25. 

“This is a case of public interest involving our local football, and we have so much confidence,” he said. 

ZIFA lawyer Gumiro said they were now going to prepare their heads of arguments.

“The case has been postponed to Friday. Instead of arguing on the urgent application, we just had an agreement: let’s hear the application for review itself. So, there was nothing much today, and we are now looking forward to Friday,” said Gumiro. 

Barring a court injunction or any other dramatic development between now and January 25, the ZIFA elections will go ahead as planned. ZIFA Normalisation Committee member responsible for legal affairs, Nyasha Sanyamandwe, outlined the roadmap, which is now nearing its completion. 

“We will send our convocation in accordance with the ZIFA statutes. 

“It’s at least 10 days before the Congress, and we will notify members on the 15th of January,” Sanyamandwe told journalists recently.

“The convocation will be sent through in accordance with the statutes, as well for purposes of adhering to constitutional provisions for convening a Congress.”

According to the election roadmap, the ZIFA Electoral Committee have also set tomorrow as the deadline for the confirmation of the 78 delegates that will attend the congress and take part in the voting process. 

“We will send through that convocation the official list of candidates who will be voted for, and then we’ll also request our members to give us the list of delegates who will then be in a position to participate in this Congress.

“And this has to be in accordance with Article 27 of the current ZIFA statutes on the delegates for each member of ZIFA. 

“The autonomy of the ZIFA membership has since changed since the adoption of the statutes, and we would need the members to adhere to the current constitutional or ZIFA statutes provisions, and then come the 25th, that’s when we will conduct the electoral process,” said Sanyamandwe. 

Six candidates will contest for the association’s presidency, and these are veteran football administrator Martin Kweza, former footballer Makwinji Soma-Phiri, ex-ZIFA board member Philemon Machana, former Premier Soccer League chairman Twine Phiri, football administrator Marshall Gore, and businessman Nqobile Magwizi.

The battle for the vice-presidency will pit 10 candidates who include veteran Mavis Gumbo, Patience Mutumwa, Winnet Murota, Joyce Kapota, and Loveness Mukura for women and Kennedy Ndebele, Omega Sibanda, Peter Dube, Francis Nyamutsamba, and James Takavada (men). 

According to the new ZIFA constitution, the association will elect two vice presidents, with one of the slots reserved exclusively for female candidates. About 39 candidates are vying for the six ordinary board member positions. The campaign trail has hit full swing in the last few days with candidates selling their manifestos via both traditional and new media.

Some of the candidates have also been moving around the country to meet the councillors as part of the campaign. More campaign activities are expected as the preparations approach the final week. 

The new ZIFA executive committee shall consist of 11 members. These will include the president, the two vice presidents, six committee members, and two ex-officio members representing the PSL and Zimbabwe Women’s Football.