Gwindi not yet out of the woods

Mr Gwindi
Mr Gwindi

Petros Kausiyo Deputy Sports Editor
LESLIE GWINDI is not yet out of the woods from the Zifa disciplinary structures and the Harare City chairman was yesterday evening making frantic efforts to secure more time to meet all the conditions of his ruling and avert a two year-ban from football. Gwindi last week took one step in trying to satisfy the conditions of the judgment that was handed to him for misconduct and bringing the game into disrepute following public utterances he made in Bulawayo last year.

He allegedly denigrated Zifa, former Warriors coach Klaus Dieter Pagels and condemned Delta Beverages’ sponsorship package of the Premier Soccer League.

The former PSL and Dynamos secretary-general, who is challenging both conviction and sentence, paid a fine of US$6 000 and a US$3 000 appeal fee.

Gwindi has also strongly hinted that he will challenge for the Zifa presidency at the end of March.
However, Zifa lawyer, Ralph Maganga, clarified yesterday that payment of the fine and the appeal fee were not the only conditions set out in the ruling which Gwindi needed to satisfy in order to be judged to have served his sentence.

Maganga said it is against this background that Gwindi, through his lawyer Charles Chinyama, made an urgent application to the disciplinary committee to try and apply for more time to meet the rest of the conditions.

“Paying a fine of US$6 000 was just part of the judgment and it must be understood that the ruling was very clear in terms of the conditions that were set out in order to avoid a two-year effective ban,” said Maganga.

“So the same committee which dealt with his case is sitting his evening (yesterday) because Gwindi’s lawyers made an urgent application for a suspension to comply with some of the conditions set in the judgment.

“Gwindi claims that the weekend newspapers were fully booked and he could not find space to place an advert for a public apology so he wants to be granted three more weeks to do so and this is the issue which the committee is set to consider.

“Until he has complied with the judgment in full he cannot be duly nominated to contest in any election but like I said before he is eligible to stand as long as he satisfies the conditions of the judgment but the decision on whether or not to grant the extension so that he meets all conditions lies with the committee.”

The Zifa lawyer also said the appeal fee, which Gwindi paid, did not set aside the ruling which was handed down by Andrew Msengezi’s committee.

“In football an appeal does not suspend a ruling, it only suspends the payment of fine, for instance if a player is suspended for doping and appeals it does not suspend the ruling.

“So the long and short of this matter is that Gwindi has not yet complied with the judgment but he has now moved to try and rectify and ensure he meets the conditions by seeking an extension that will grant him more time to do that,’’ Maganga said.

Gwindi confirmed the bid to meet with the disciplinary committee but insisted the matter was being handled by his defence team and that he would only be briefed about it after the hearing.

“I was out of town yesterday but I am sure the meeting will take place, if all being handled at the level of the lawyers and I will only see them later tonight and get a briefing,’’ Gwindi said.

Gwindi was handed a five-year ban after being convicted by the Zifa disciplinary committee chaired by former magistrate Msengezi who was sitting with  former referee Wilfred Mukuna and lawyers Wilbert Mandinde, Musekiwa Mbanje and Watson Muchengeti.
The Sunshine Boys chairman, however, had parts of the sentence set aside for various conditions which the outspoken administrator would have to meet.

The disciplinary committee ruled that one year would be suspended on condition that Gwindi paid a fine of US$6 000 within a fortnight of the delivery of the judgment.

Another one year would also be set aside on condition that Gwindi publicly apologised to Zifa, the PSL and the league’s flagship sponsors.
Three were also set aside on condition that Gwindi is not found guilty of bringing the game into disrepute in the next five years.
Part of the full judgment read:

Respondent is suspended from football administration in any capacity for five years of which one year is suspended on condition that respondent pays a fine of US$6 000 within a fortnight of this decision.

A further one year is suspended on condition that the respondent publishes an apology to Zifa, the PSL and the league sponsors which apology shall be published in two mass circulating newspapers within a fortnight of this decision. A cutting of the two adverts shall be forwarded to the complainant within three days of publication.

It is his failure to meet the condition to advertise his apology in mass circulating newspapers which has however, raised questions within the football Zifa circles on whether Gwindi will indeed swallow his pride and flight the advertisements.

The remaining three years were wholly suspended for five years on condition that during that time respondent is not found guilty by a competent court of any conduct likely to bring the game into disrepute.

Gwindi faced charges of contravening Section 4.1©, 4.2 (f) and 4.3 of the Zifa rules and regulations, which deal with “misconduct, betting, bribery, bad language and conduct likely to bring the game into disrepute.”

The charges rose from the comments attributed to the Harare City chairman during his tour of Bulawayo in March last year.

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