The Court of Arbitration for Sport (CAS) has written to ZIFA and FIFA, notifying the two bodies of Benjani Mwaruwari’s appeal against his exclusion from the final list of candidates eligible to contest for the association’s presidency in the upcoming election.
The former Warriors and Manchester City striker was not on the aforementioned list, released by the Lincoln Mutasa-led ZIFA Normalisation Committee (NC) on December 23, ahead of the crucial election slated for January 25.
After writing to ZIFA demanding answers on his exclusion, Mwaruwari appealed at CAS, in accordance with article 57 of the FIFA statuses, which allows final decisions passed by the world governing body’s legal bodies and against decisions passed by confederations, member associations or leagues, within 21 days of notification of the decision in question.
Following the appeal and the subsequent communication made by CAS to ZIFA, the Mutasa-led administration is now required to submit to the Switzerland-based court the following: a statement of defence, any defence or lack of jurisdiction, as well as any exhibits of evidence they (ZIFA) intend to rely on during the hearing.
ZIFA’s reasons to bar Mwaruwari from contesting in the election were not made public but a well-placed source privy to ongoings at the country’s football governing body told Soccer24 that the former Warriors captain failed the eligibility test because he does not have a minimum of five Ordinary Level passes.
“Benjani (Mwaruwari) does not have 5 O’ Level passes so he submitted his UEFA A as an alternative,” the source said.
“Also, the fact that he is currently studying for a coaching degree makes him somewhat overqualified, if the new ZIFA constitution is anything to go by, so he does have a case,” added the source.
The new ZIFA constitution, in Section 38 (7), demands that one ought to have a minimum of five O’ Level passes to contest for the association’s presidency or vice presidency but it is also clear on an equivalent educational level being used as an alternative, as was the case when Mwaruwari submitted his UEFA A coaching certificate.
CAS has the power to annul ZIFA’s decision or refer the case back to Mutasa and company for a new decision.