Online Reporter
Lovemore Dube-Zimpapers Sports Hub
THERE was no respite for troubled Ngezi Platinum Stars ahead of the start of the 2026 Castle Lager Premier Soccer League season with the 2023 champions, losing their appeal at the Court of Arbitration for Sport over their labour dispute with Benjani Mwaruwari.
CAS has ordered Ngezi to pay their former coach Mwaruwari US$570 000 for unlawful dismissal and directed the club to bear the costs of the appeal.
After initially losing the dispute before the FIFA Player Status Chamber, Ngezi had sought recourse at CAS but they have once again hit a snag.
The Swiss Court upheld the FIFA ruling that Mwaruwari who had a short-lived stint with the platinum miners in 2022, was justified in suing the club for unlawful dismissal.
The CAS order includes five percent annual interest from 14 March 2024 until payment, as well as arbitration costs and a contribution towards the coach’s legal expenses.
Mwaruwari, now the coach of Highlanders was represented by Ndabezinhle Nyathi of Touchwood Intermediaries.
Nyathi believes that the CAS ruling clears all the uncertainty that had been clouding the long-dragging case.
“It brings finality. Two international tribunals have now reached the same conclusion.
“The process has run its full course and the outcome is clear,” said Nyathi from his base in Finland.
CAS is the highest judicial authority in international sport.
The court’s decisions are final within football’s regulatory system.
Ngezi also face another order to settle a US$80 000 debt before interest is added as Bongani Mafu who was Mwaruwari’s assistant, also won his US$196 000 claim against the Mhondoro miners.
The club had challenged FIFA’s jurisdiction in what they perceived as a domestic labour dispute on the basis that both parties are Zimbabwean.
Andrew Mercer of the United Kingdom who was the sole CAS arbitrator on the matter rejected that argument, finding that the club had failed to challenge FIFA’s jurisdiction during the original proceedings and could not raise the objection for the first time on appeal.
CAS’ jurisprudence, the award noted, consistently prevents parties from withholding participation at first instance and then attempting to re-open jurisdictional questions at the appellate stage.
The tribunal further found that, even if dual nationality were considered, the employment contract referenced the coach’s foreign passport and foreign address, satisfying FIFA’s “international dimension” test in any event.
Nyathi said he was not surprised.
“The jurisdictional argument the club advanced was always difficult. CAS is well settled on the principle that a party cannot remain silent on jurisdiction throughout FIFA proceedings and then raise the issue for the first time on appeal.
“Once that ground fell away, the substantive findings stood on their own.
Ngezi were represented by Lyrique Du Plessis and Eben Koen of BDP Attorneys, Cape Town.
Nyathi also represented Mafu while FIFA were represented by senior legal counsel Roberto Najera Reyes.
The presence of full legal representation on all sides underscored that the case was fully litigated at CAS level.
Asked about the club’s decision to pursue the matter to CAS, Nyathi was measured: “Parties are entitled to exercise their appeal rights that is what the system is designed for.
“What matters now is what happens next. An award confirmed by CAS is final and binding. The question of compliance is no longer a legal one; it is a matter of institutional obligation.’’
Under FIFA regulations, confirmed financial awards are binding. Where payment is not made, disciplinary measures may follow, including transfer and registration bans that remain in force until the debt is satisfied.
The Mwaruwari ruling therefore represents a second adverse international finding against the same club within two seasons.
Nyathi declined to detail what enforcement steps his client would take if the club failed to comply, but his warning was unambiguous.
“FIFA’s compliance framework is well established and has real teeth. We have seen in football, including in cases involving African clubs, that non-compliance with confirmed awards carries serious sporting consequences.
The options available to us are clear, and we will not hesitate to pursue them.”
Ngezi Platinum Stars’ spokesperson Roberta Katunga asked Zimpapers Sports Hub to put questions in writing and had not responded at the time of going to print.
