Edzai to wait longer

Fidelis Munyoro Chief Court Reporter
FORMER Warriors winger Edzai Kasinauyo will have to wait a little longer to hear his fate after the High Court reserved judgment in the case in which he is seeking the nullification of his expulsion from the ZIFA board.

The former footballer has been fingered in a match-fixing scandal where ZIFA claim a cartel sought to manipulate the Warriors’ Nations Cup qualifiers against Swaziland and other matches in the South Africa Premiership.

He has maintained his innocence and has taken his fight to the higher court to clear himself.

When the hearing commenced before Justice Esther Muremba sitting in her chambers yesterday, ZIFA raised a preliminary point in which they sought the court to determine before hearing argument on the merits.

Impeccable sources close to the proceedings said ZIFA, through their lawyer Itayi Ndudzo of Mutamangira and Associates, told the judge that the matter was res judicata (already determined) on the question of urgency by a competent judge of the same court.

In this regard, the source said, it was not proper for another judge to sit and preside over a matter that has already been determined.

According to the sources, ZIFA further argued that a judge of the High Court does not have power to review or qualify a determination by another judge of the same court.

It was also ZIFA’s argument that “to the extent that Justice Erica Ndewere determined that the matter was not urgent no other judge of the High Court could re-open the issue, except Justice Ndewere herself”.

According to ZIFA, it is Justice Ndewere who can give Kasinauyo’s lawyers limited audience to hear them on the aspect of urgency only, which she dealt with.

When contacted for comment last night, Ndudzo refused to comment saying the matter was still pending in court.

However, Kasinauyo’s lawyer Harrison Nkomo confirmed that ZIFA raised a technical point on which Justice Muremba reserved ruling.

“The judge said once she is ready with her ruling on the preliminary point she will advise the parties in the dispute,” said Nkomo.

“Zifa is arguing that the matter was disposed of by Ndewere, but in our case we are arguing that no reasons were given in the endorsement and we were perfectly entitled to come to court and be heard on our argument before a decision is made.”

Kasinauyo, who was last month banned from football activities by the association for taking football matters to court, is seeking the intervention of the court for redress.

He strongly contends that he was unfairly treated by the ZIFA board.

It is also his contention that in dismissing him, the ZIFA board did not follow their own constitution.

Kasinauyo further avers that there is no prima facie case against him, neither is there any evidence of his involvement in all the things that he has been accused of.

In his bid to clear his name, Kasinauyo decided to approach the courts, challenging ZIFA to produce evidence that he was part of the shadowy syndicate and to lift his provisional suspension from the executive committee.

But ZIFA were not amused by the move and the board resolved to expel Kasinauyo.

ZIFA claim that Kasinauyo’s fate was good as sealed after he violated Article 60 (1) of the association’s constitution by approaching the courts to challenge his suspension.

However, the decision is set to be presented to the Assembly for ratification.