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ZIFA NC in a fix —elections shrouded in uncertainty

The ZIFA Normalisation Committee (NC) has found itself caught between a rock and a hard place amid legal battles from multiple fronts exactly two weeks before the association’s elections.

The eagerly-awaited elections, slated for January 25, are in great danger of not taking place despite members of the NC appearing cheerful, putting on brave faces and assuring the nation that they will go ahead as scheduled.

And, the brutal reality is that if the worse comes to worst, the Lincoln Mutasa-led administration might be forced to start over the electoral process again, including the making of the troubled association’s constitution, amid legal battles left right and center.

This is after the confirmation of appeals made by the trio of aspiring candidates for the association’s presidency —Benjani Mwaruwari, Temba Mliswa and Walter Magaya at the Court of Arbitration for Sport (CAS), seeking remedy for what they termed unfair removal on the list of individuals who were given the nod by the ZIFA, to contest for the hot seat.

The reasons for their omissions are still not known as they have not been made public by ZIFA.

Aspiring ZIFA vice president Gift Banda was also denied the chance to compete, bringing the total number of rejected candidates to four.

And, as largely expected, the grieving candidates have taken different routes in their bid to let what they term justice, prevail.

The trio of Magaya, Mwaruwari and Banda have approached CAS while Mliswa expressed his displeasure by taking his case to the High Court —where he is arguing that the making of the ZIFA statute was a flawed process.

This means even if Mwaruwari, Magaya and Banda win their respective cases, it will still count for nothing should the High Court rule in favor of Mliswa, who is demanding the electoral process to be restarted from the constitution-making stage.

He is arguing that the ZIFA constitution was made by individuals who had their term in office expired.

“My case against ZIFA cites clear illegalities which poison the entire and succeeding processes. For starters, the ZIFA AGM that sat on 18 October to adopt the Amended ZIFA Constitution was devoid of authority to so act by virtue of some having their terms of office expired!,” Mliswa wrote on microblogging site X, formerly Twitter.

“I have thus sought relief that all the resolutions passed at the ZIFA AGM be nullified since they are products of individuals who had no mandate. This includes the adoption of the Amended Constitution. There should also be a nullification of the succeeding electoral process.

“The entire chain of processes should be restarted, legally clothed enough to satisfy the laws pertaining to them. It should culminate in the ZIFA elections being held under proper and legally sound provisions and processes.”

Mwaruwari and Banda are said to be asking for answers on what is equivalent to 5 Ordinary Level are they are believed to be holders of multiple diplomas and qualify to contest, in terms of Section 38 (7) of the ZIFA constitution, which reads: “The president and the two vice presidents of the Executive Committee shall have passed a minimum of five O-Levels subjects (Education level) or any equivalent educational level.”

In the case of Mliswa, the former Norton legislator made it clear that the constitution-making process was illegitimate.

“The Applicant, being an interested party, has challenged the legal status or validity of the ZIFA Statutes, 2024 in terms of which the ongoing electoral processes are being conducted on the basis that the term of office for the delegates who attended the Congress of the 18th of October 2024 had expired in the period preceding the Congress and therefore they lacked authority to4. 5. 6. pass any lawful resolution including the resolution for the adoption of the ZIFA Statutes, 2024,” wrote Mliswa’s lawyers.

“To this end, the Applicant has filed, on the 6th of January 2025, a meritorious review application under case number HCBC3/25. The Applicant stands to suffer irreparable harm should urgent interim relief be in the period preceding the Congress and therefore they lacked authority to4. 5. 6. pass any lawful resolution including the resolution for the adoption of the ZIFA Statutes.”

 

 

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