COURT CLEARS COAST FOR ZIFA ELECTIONS TO GO AHEAD

Eddie Chikamhi and Yeukai Karengezeka

THE highly-anticipated ZIFA elections are now set to go ahead tomorrow without any concerns over legal hurdles in the formal courts after High Court judge Justice Tawanda Chitapi dismissed an urgent chamber application for review filed by disqualified presidential aspirant Walter Magaya.

Magaya was seeking the court to set aside the decision by the ZIFA Ethics Committee and be allowed to contest the ballot after challenging the clause in the association’s new statutes which says the president and the two vice-presidents should have passed a minimum of five O-levels subjects or any equivalent educational qualification.

The Yadah Stars owner, who is among the five disqualified candidates, had not submitted an O-level certificate but argued that the decision by ZIFA not to accept his alternative qualifications was “unreasonable”, “discriminatory” and “unlawful”.

Justice Chitapi dismissed the review application after going through the submissions by the two parties.

In his ruling, Justice Chitapi stated that Magaya’s application lacked merit.

“The court, before setting aside a decision, must be satisfied that anyone with common sense and logic and who is rational would not have reached the decision of getting authority and legitimacy.

“The applicant’s challenge cannot succeed in the circumstances of this case,” said Justice Chitapi.

The High Court ruled that the applicant did himself a huge disservice by not availing the required certificate.

The judge also criticised Magaya for failing to provide sufficient evidence to challenge the ZIFA Electoral Committee’s decision or to demonstrate how the committee’s process was flawed.

“It is my view that the challenge by the applicant was not frivolous or vexatious and involved a matter of public interest. I am of the view that the appropriate order in relation to costs is one in which each party must pay its own costs.

“This application is dismissed and each party will pay its own costs.”

Six candidates − Philemon Machana, Nqobile Magwizi, Marshall Gore, Martin Kweza, Makwinji Soma-Phiri and Twine Phiri − have been cleared to run for the association’s hot seat.