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Ricky Zililo Senior Sports Reporter
AN independent labour arbitrator has awarded former Highlanders winger Masimba Mambare $10,000 outstanding signing-on fees owed to him by the Bulawayo giants. Bosso were given 30 days to settle the bill, failure to which Mambare’s representatives, the Footballers Union of Zimbabwe (FUZ), will approach the courts seeking a writ of execution to attach property from Bosso.
Bosso and Mambare had been embroiled in a protracted legal wrangle since the player made a sensational switch to Dynamos at the beginning of the year. After seeing that his quest to recover his dues was falling on deaf ears, Mambare sought redress from the Labour Court.
The Labour Court then instructed the two parties – Highlanders and Mambare to look for an independent arbitrator and their matter was heard before Washington Chitima last month.
“Highlanders FC should pay Mambare $10,000 within 30 days of this award failure of which interest at the prescribed rate shall accrue to any outstanding amount after the date until final payment,” reads part of the judgment.
According to excerpts of the award, Highlanders engaged Mambare on March 1, 2012 on a two-year contract and were supposed to pay him $5,000 by April 30, 2010, $2,500 at the end of January 2013 with the remainder cleared on June 30 last year. Highlanders kept making promises to pay the player but they never paid him.
Highlanders, represented by club-secretary Andrew Tapela at the arbitration, did not dispute factual submissions by Mambare but tried to have the case struck off on technical grounds.
They alleged that in terms of the Labour Act (Chapter 30:01) Mambare should have instituted his claim within two years from the time he entered into contract with Highlanders.
“Subject to section 94 (2), no labour officer shall entertain any dispute or unfair labour practice unless it is referred to him or has otherwise come to his attention within two years from the date when the dispute or unfair labour practice first arose,” read part of the Act.
But FUZ argued that the last payment was supposed to have been made on June 30, 2013 and therefore the clause will apply two years after that.
Paul Gundani, the FUZ secretary-general welcomed the ruling which he said “serves as a warning to clubs” who exploit players.
Gundani said it was not their intention to approach the Labour Court, but Highlanders’ failure to respond to letters written to them in May, left them with no option, but to take the legal route.
“We wrote to Highlanders twice on May 7 and a week after, but got no response. Both letters were addressed to the secretary-general Andrew Tapela. Now that this verdict is out, they’ve to honour the court’s ruling and if 30 days lapses without anything from Highlanders, we’ll be left with no option but to approach the High Court to register it as a court order so that we attach some properties,” said Gundani.
Highlanders chief executive officer Ndumiso Gumede said they had not received the ruling yesterday.
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