daniel chigunwe
Eddie Chikamhi
Zimpapers Sports Hub
THE possibility of the ZIFA elections going ahead as scheduled on January 25 comes under a severe test today after challenges by Temba Mliswa and cleric Walter Magaya were ordered to be heard jointly at the Harare High Court this afternoon.
Bulawayo High Court Judge Justice Ngoni Nduna yesterday transferred Mliswa’s court challenge to Harare.
Justice Tawanda Chitapi is scheduled to hear the application for review by the Magaya team at midday.
Mliswa and Magaya were among the five aspiring candidates who were disqualified by ZIFA after failing an eligibility test.
The duo has approached the High Court seeking the postponement of the elections, which are penciled for January 25, until their concerns were addressed.
After their appearance at the Bulawayo High Court yesterday, Mliswa and his lawyer Musindo Hungwe told the media the hearing has been postponed and will now be handled jointly by Justice Chitapi.
“I can confirm that we have made an appearance before Honourable Justice Nduna, who has indicated that he is of the view that the matter should be dealt with or presided over by the same judge who is dealing with a similar matter involving ZIFA versus Walter Magaya.
“So, the matter effectively stands postponed and has been transferred to Harare to be placed before Honourable Justice Chitapi, and we anticipate that we should be in a position to get confirmation of a date and time as to when we can appear and present our argument before Honourable Justice Chitapi in a short space of time.
“Effectively, the matter is being transferred to Harare to be placed before the same judge in a bid, according to the judge, to avoid a situation where we might get conflicting judgements,” said Hungwe.
Mliswa and Magaya, along with Benjani Mwaruwari, Farai Jere and Gift Banda were disqualified from taking part in the January 25 elections after they were adjudged to have failed an eligibility test.
Apart from the legal challenges at the High Court, the trio of Magaya, Banda and Mwaruwari have also taken their case to the Court of Arbitration for Sport (CAS), as prescribed by the association’s new Statutes.
Magaya is challenging the decision by the ZIFA Ethics Committee to exclude him from running for the association’s highest seat in the forthcoming elections over a controversial clause that demands an O-Level certificate or its equivalent.
Mliswa’s bone of contention is steeped more in the ZIFA constitution itself and the processes that resulted in the recent amendments.
“I think the two situations are in contrast,” said Hungwe.
“The relief that Prophet Magaya is seeking and the relief that we are seeking from the High Court are different. Our case is a matter which is steeped in constitutionalism. We seek observance of the ZIFA Statutes.
“We seek observance of due process. But, ultimately, they are deemed to be similar in the sense that both applicants, Prophet Magaya and Honourable Mliswa seek a stay, a moratorium on the election pending determination of their issues.
“We have filed an application for a review which seeks to address the underlying cause of the lawfulness or otherwise of the constitution making process, which culminated in the ZIFA Statutes 2024.
“So, ultimately, we are saying that justice demands that an election which is being held pursuant to a statute which is under challenge ought to be held in advance, pending determination of whether or not that statute in question was lawfully put into place.
“Ultimately, both parties seek a stay in the elections,” said Hungwe.
Mliswa welcomed the recommendation by Justice Nduna to merge the cases.
“I think it’s a fair decision because we don’t want a situation where the Bulawayo High Court says stop the elections and the Harare High Court says go ahead with elections, then we have two orders.
“So, let one judge handle all that. I think that’s important; no two ways about that because we will then have one judgment that is clear,” said Mliswa.
