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The world football governing body’s secretary-general, Jerome Valcke, was instructed by the executive committee to bring the matter to finality, “without any further prejudice to the players and officials” whose careers have been derailed by the Asiagate drama.
Fifa have also thrown out the sanctions that Zifa imposed on three journalists — Robson Sharuko, Hope Chizuzu and Josh Munthali — by ruling that the local association stepped beyond its authority and does not have jurisdiction to mete out such punishment on media practitioners.
Zifa’s attempts to dress Chizuzu as football official, which would then subject him to be liable for punishment under Fifa statutes, have also been dismissed with Fifa saying the local association failed to provide supporting documents, within the set timeline, to back the status they imposed on the journalist.
Even if Zifa had successfully backed their claims that Chizuzu was a Monomotapa official during the club’s controversial trip to Asia in 2009, and did not travel in his capacity as a journalist, their sanctions would still not have been endorsed in the spirit of Fair Play.
The Fifa executive committee also took a swipe at Zifa saying it was registering its “total dismay and unhappiness at the conduct, or lack of it, of Zifa in providing the necessary documentation in a matter they were supposed to have heard and tried, leaving us in doubt of whether the matter was handled according to the provisions of the law.”
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CAPS United coach Taurai Mangwiro, Shabanie coach Luke Masomere and Dynamos centreback Guthrie Zhokinyi have borne the brunt of the Zifa sanctions, which had been effective on the domestic scene only, and Fifa’s ruling that there should be “no further prejudice to players and officials” gives them their freedom to continue with their careers.
The careers of their counterparts in South Africa, who had been caught up in the sanctions imposed by Zifa, like former Warriors’ coach, Sunday Chidzambwa, ex-Warriors’ skipper Method Mwanjali and BidVest Wits defender Thomas Sweswe, had not been frozen because the local association has no jurisdiction to dictate matters to Safa.
Only an endorsement of the Zifa sanctions by Fifa, which would have given the punishment a global effect, would have frozen the careers of Chidzambwa, Mwanjali and Sweswe but the trio can now afford to sleep peacefully in the wake of the latest developments.
Valcke was scheduled to communicate the world football governing body’s official position, with regards the Asiagate issue, in a letter and dossier that was expected to have been received by Zifa officials in Harare yesterday.
The Fifa executive committee’s position, taken at their indaba in Zurich on Wednesday and Thursday last week, had been embargoed, for the past week, until an official position from the world football governing body’s secretariat had been communicated to Zifa officials.
Fifa said until they advised otherwise, or Zifa complies fully with the provisions of laws that govern football in ensuring that their process was fully compliant with the provisions of the world governing body’s disciplinary code, the sanctions the local association imposed on individuals cannot be enforced nor endorsed.
That means Zifa would need to revisit each case and ensure that everyone was properly cited in being dragged to a disciplinary hearing, given a chance to defend himself and the outcome of that disciplinary procedure properly communicated to him or her.
But with the Zifa board having set a precedent, by making a determination before the cases had been heard at the primary platform for such disciplinary issues, it complicates matters and virtually puts any processes, which might be arranged, in direct conflict with the spirit of Fair Play.
The latest developments have also thrown into turmoil, the appeal process that had been set-up by Zifa, whose hearings were set to commence soon.
A transcript of the Fifa executive committee indaba’s discussion on Asiagate, which has been obtained by The Herald, shows the world football governing body’s frustrations with Zifa’s reluctance to co-operate with them, by forwarding relevant documents needed to help the Zurich-based organisation, to make a determination on the matter.
On four separate occasions Fifa officials, starting from October last year, Fifa officials wrote to Zifa requesting for documentation but on each occasion their requests were not answered, leaving the world football governing body to make a final request on February 18 this year.
They gave Zifa 10 days to forward the documents but nothing was forwarded and Zifa chief executive, Jonathan Mashingaidze, apparently lied, in correspondence with the world football governing body, that he had already sent four boxes — marked A to D — by DHL.
The Herald can reveal that, contrary to Mashingaidze’s message to Fifa that he sent the documents in October last year, by DHL, the first bag, with documents from Zifa, was only sent on Monday, 18 March, by DHL and arrived in Zurich three days later.
It weighed 14kgs.
The second bag was sent from Harare, by DHL, on Thursday, March 21, the day the Fifa executive meeting was scheduled to end, and arrived in Zurich four days later and it weighed 21kgs.
This left the Fifa executive committee with no option but to make a determination on the case.
The official transcript of the Fifa executive committee indaba’s discussion on Asiagate reads:
“Fifa Exco (executive committee) that met in Zurich on 20-21 March 2013, decided that after Zifa failed, despite repeated reminders, to furnish the Legal Affairs Department with a complete transcript of their Disciplinary proceeding against players and officials sanctioned in October 2012, the following must obtain:
(i) PLAYERS AND/OR OFFICIALS’ SUSPENSION IS AND CANNOT BE SANCTIONED BY FIFA IN THE INTEREST OF FAIR PLAY.
ZIFA HAVE BEEN GIVEN THE OPPORTUNITY TO AVAIL ALL THE RELEVANT DOCUMENTATION PERTAINING TO THE MATTER, BUT HAVE NOT DONE SO SINCE THE FIRST COMMUNICATION OVER THE ISSUE SIX (6) MONTHS AGO, A PAPER TRAY OF COMMUNICATION ON FILE SHOW.
(ii) The matter involving three journalists Mr Robson Sharuko, Mr Hope Chizuzu and Mr Josh Munthali, who appear to have been sanctioned, is not obtainable as according to the FDC, Article 3, there is no provisional authority over them.
According to the Zifa letter dated 16 October 2012, seeking clarification on the matter, Fifa legal department advised, in a letter dated December 4, 2012, that they can not act outside the provisions and scope of the law (Art 3 of FDC).
Furthermore, for the avoidance of doubt, Fifa requested from Zifa clarity on the status of the journalist (Mr Hope Chizuzu), whom they described as former Monomotapa official. The December 7, 2012 deadline, by which Zifa were to provide evidence on the above, elapsed three (3) months ago, giving the impression of doubt on the fairness of the exercise.
THE EXCO DECIDED THAT FIFA, AND INDEED ZIFA, CANNOT SANCTION THE BANNING OF JOURNALISTS AS THEY OPERATE OUTSIDE LAWS THAT GOVERN FOOTBALL, ONLY THOSE GOVERNED BY OUR LAWS CAN SUBMIT TO ITS PROVISIONS SUCH AS PLAYERS, REFEREES AND CLUB OFFICIALS.
(iii) Until Fifa advises otherwise, or ZIFA fully complies with the provisions of the football laws, the matter remains unenforceable.
THE EXCO REGISTREED THEIR TOTAL DISMAY AND UNHAPPINESS AT THE CONDUCT, OR LACK OF IT, OF ZIFA IN PROVIDING THE NECESSARY DOCUMENTATION IN A MATTER THEY WERE SUPPOSED TO HAVE HEARD AND TRIED, LEAVING US IN DOUBT OF WHETHER THE MATTER WAS HANDLED ACCORDING TO THE PROVISIONS OF THE LAW.
(iv) The General Secretary of Fifa was, however, instructed to CONCLUSIVELY DEAL WITH THE MATTER WITHOUT ANY FURTHER PREJUDICE TO THE PLAYERS AND OFFICIALS.”
Online Reporter