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YADAH Stars Football Club president Prophet Walter Magaya has now sought the help of the High Court to try and stop the January 25 ZIFA elections.
The matter has been set for this morning (9am) before High Court Judge Justice Tawanda Chitapi’s Chambers.
Magaya is one of five ZIFA presidential aspirants who were disqualified by the Electoral Committee for having failed the association’s ethics and integrity test.
ZIFA made the pronouncement on December 23 and also listed the six candidates who had made it past the ethics test.
The others, who fell by the wayside in their bids to become the next substantive ZIFA president after Felton Kamambo, are CAPS United president Farai Jere, Benjani Mwaruwari, Gift Banda, and Temba Mliswa.
Outgoing Premier Soccer League chairman Jere is the only aspirant who took his disqualification in his stride, while the quintet of ex-Warriors skipper Mwaruwari, former ZIFA vice president Banda, former Norton legislator Mliswa, and Magaya have launched protests in the courts.
Apart from taking to the High Court in Harare this morning, Magaya has also lodged an appeal against his disqualification with the Court of Arbitration for Sport in Lausanne, Switzerland.
Mwaruwari and Banda also have a joint appeal at CAS, which, according to the ZIFA constitution and the Electoral Committee, has been mandated to deal with all protests pertaining to the decisions taken by the committee on the polls.
Mliswa’s appeal is with the High Court in Bulawayo. According to the High Court notice of today’s hearing, Magaya, through his lawyer Everson Chatambudza of Chatambudza and Rubaya Legal Practitioners, is seeking an interdict against the staging of the elections.
“Take notice that the above urgent chamber application for interdict will be heard and determined by the High Court of Zimbabwe at Harare before Honourable Mr. Justice Chitapi T on Tuesday the 14th of January 2025 at 0900 or soon thereafter as counsel may be heard,’’ read the notice.
Magaya filed the application on Friday.
Mutasa, who is both the chairman of the Electoral Committee and the Normalisation Committee, was cited as the first respondent. His Electoral Committee are the second respondent, with the Normalisation Committee the third.
In both committees that Mutasa chairs, he sits with Rosemary Mugadza and Nyasha Sanyamandwe.
Following a declaration by FIFA and in order to manage the transitional and reform period that ZIFA have been undergoing since July 11, 2023, Mutasa’s Normalisation Committee are for the purposes of the watershed polls, also sitting as the Electoral Committee. And the Electoral Committee yesterday confirmed receipt of the High Court notice on Magaya’s application.
“ZIFA has responded with utmost urgency, and we have since done so through our external counsel because we cannot do so ourselves since we are actors in the election and have been cited as respondents,’’ the ZIFA Electoral Committee said.
“The same counsel will represent all three respondents,’’ the Electoral Committee said in a brief statement.
“The main issue at law is that this case is already before another competent court, which is CAS.
“At first instance, that Court (CAS) should be allowed to complete its proceedings and make a determination before it can be taken to another court,” avers the ZIFA Electoral Committee. Justice Chitapi is not new to ZIFA matters, having chaired the association’s Appeals Committee in 2016, which also included lawyer Tich Garabga and then Harare Deputy Mayor Chris Mbanga.
Although neither the full texts of the Magaya’s application nor Mutasa’s defence outline were immediately available, the matter before the High Court this morning has drawn interest beyond just the ZIFA corridors and the country’s borders.
FIFA, which have literally been administering Zimbabwean football through the Normalisation Committee, will be keenly following proceedings from their base in Switzerland, as will the Confederation of African Football in Cairo, Egypt, and COSAFA in Johannesburg, South Africa.
There is also keen interest among the ZIFA Congress’ councillors, who form the electoral college that is expected to vote on January 25.
The more than 50 candidates vying for places as president, vice president, and ordinary members, who have been on intense campaign trails, will also be keenly awaiting Justice Chitapi’s determination.
Some former ZIFA councillors, who requested anonymity, however, also expressed interest in that matter, which they believe is also a test on the ZIFA constitution.
“These court cases are a big test on the ZIFA constitution and also impact the applicants in one way or the other, as questions will be raised on their respect for the association’s statutes.
“But that will all be for the respective courts to decide, as anyone aggrieved has different avenues through which to seek recourse,’’ the ex-councillors said.
Eligibility of affiliate members
to vote
The Electoral Committee also clarified the eligibility of affiliate members to vote on January 25 amid growing speculation that those owing affiliation fees could be barred from casting their ballots.
“There is no nexus between affiliation fees and this election, and every member will be allowed to send their delegates to vote. “Whether there is a member still owing affiliation fees or not, that is not going to affect their voting, and the Electoral Committee would like to make it clear that there is a pronouncement to such effect.
“It might be a rumour being peddled during the campaigning between candidates and councillors, but the Electoral Committee has not made any pronouncement, and it is a mere compliance issue for which no deadlines have been made by the administration,’’ added the Electoral Committee.
daniel chigunwe
