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The verdict was released yesterday bringing to an end the long legal battle that delayed the announcing of the Central Soccer League champions.
The two clubs had been embroiled in a promotional battle after Tripple B complained about the use of an irregularly registered player, Tatenda Chingarah.
The Zifa Central Region Disciplinary Committee last year found Hardbody guilty and docked the Gweru outfit 42 points. The club went on to appeal against the decision and the
Timothy Sangarwe-led Zifa Appeals Committee overturned the ruling.
Tripple B, feeling hard done, appealed to the Commercial Arbitration Centre and the body dismissed the case with costs.
The Arbitral Panel also endorsed the Zifa Appeals Committee ruling that Chingarah should be investigated.
“The appeal is dismissed in its entirety. Tripple B FC is to pay the cost of this appeal, including the fees levied by the Arbitral Panel.
“As far as Chingarah is concerned, he was not cited as a respondent in the proceedings before the Disciplinary Committee. That he should remain undisciplined for his role at the centre of the scandal is hardly justified. The Arbitral Panel has no hesitation in endorsing the opinion of the Appeals Committee that a thorough investigation against him should be undertaken,” reads the verdict.
Tripple B and Hardbody had each paid $7 000 to Zifa as deposit for the matter to be heard at the Commercial Arbitration Centre.
In coming up with the judgment, the Arbitral Panel, which included retired judge, Justice Anthony Gubbay, noted that the Central Soccer League did not have their own rules and regulations unlike the Zifa Northern Region.
It noted that the first verdict by the Zifa Central Region was not binding as a draft document of rules and regulations was used.
“We must admit we find it rather disturbing that unlike their Northern Region Soccer League counterparts, the Central Region does not have their own rules and regulations. We find it even odder that no one in the Central Region Board or Assembly appreciated that these were Draft Rules and Regulations.
“The appeals verdict noted that Hardbody was charged, disciplined, convicted and even sentenced on the basis of non-existent law or legislation. The conduct charges faced by
Hardbody are not contained in the 1996 Rules and Regulations and neither are the sanctions. Zifa has not yet adopted the rules and regulations used in casu and as such there is no way one can be charged under such supposed statute when such statute has no force of law,” reads the ruling.
The Zifa Central Region was encouraged to set its own rules and regulations while in the process of doing so they have to stick to the 1996 Zifa Rules and Regulations like the other regions.
The Arbitral Panel acknowledged that Hardbody FC escaped the deduction of 42 points in spite of knowingly fielding an improperly registered player in 14 matches during the 2011 season.
“Much sympathy goes to Tripple B FC and the other clubs in the Central Region Soccer League which would have benefited from a deduction of points imposed upon Hardbody
FC for its wrongdoing. Regrettably, unlike the position in many other countries, the principle of equity is not to be found in the law of Zimbabwe.
“. . . It is imperative that the Zifa Assembly should adopt its draft rules and regulations without any unnecessary delay,” the ruling reads.
The Tavaka Gumbo-coached Hardbody will now have to start preparing for their maiden appearance in the top-flight league.
This ends a four-year long absence of Premiership action in Gweru since Chapungu’s relegation at the end of 2008.
Hardbody, Quelaton from the Southern Region, Eastern Region’s 2011 champions Buffaloes and Harare City are the four newly promoted clubs in the Castle Lager Premier Soccer League.
Zifa chief executive officer Jonathan Mashingaidze said his association would today advise the Castle Lager Premier Soccer League on Hardbody’s promotion.
“The Commercial Arbitration Centre is the last point of appeal and their ruling is binding. We are very much pleased that they dealt with this matter speedily and what is left is for us to notify the PSL of the verdict,” Mashingaidze said.
Online Reporter