adminelection, which ushered in a new Zifa leadership last year, declared null and void due to alleged irregularities during the regional polls.
The elections saw Njube Sundowns’ founder member and director, Gift Phiri, prevailing over Sibanda and Mandaza. The losing duo is now arguing that Njube Sundowns’ status was not yet known, at the time of the elections, and therefore its participation in the polls created a credibility crisis for the elections.
In a letter addressed to Zifa chief executive, Jonathan Mashingaidze, the duo’s lawyer, Shepherd Chamunorwa, demanded the nullification of the Zifa Southern Region elections and an order be made for a re-election.
The letter was also copied to Cuthbert Dube, in his capacity as Zifa president, the chairman of the Zifa Electoral College, Charles Moyo and the chief executive of the Premier Soccer League Kenny Ndebele.
“Our clients were candidates for the Southern Region chairmanship during the 2010 elections, which were later won by Gift Banda, who had been nominated by Njube Sundowns, among other teams,” read the letter from Chamunorwa of Calderwood, Bryce Hendrie and Partners.
“Further, that the post of Zifa president, board members (finance, competitions and development) (and) the two vice-presidents be declared vacant and their election be declared null and void and a further order made for re-elections.”
The move has been sparked by Zifa’s recent decision to appoint a committee to determine the status of Njube Sundowns arising from the 2010 Premiership play-offs.
Chamunorwa argued that the fact that Zifa now wished to determine the status of Njube Sundowns vindicated his clients’ long-held view that the elections were not free and fair.
“It follows, therefore, that Njube Sundowns, which nominated Banda, was not supposed to participate in the (Zifa) Southern Region elections before its status, which is now being deliberated on, had been determined,” said Chamunorwa in his letter.
“And, by extension, Banda should not have participated in the Zifa elections which gave birth to the present board. . . that Zifa now wishes to review the status of Njube Sundowns, with respect, vindicates our clients’ long-held view that the elections were not free and fair and that they should be set aside. Even if it is found by this committee that Sundowns belongs to the Southern Region
Division One, still the issue remains that their status would only have been confirmed from the date of such finding, which findings do not operate retrospectively.
“The mere fact that persons not entitled to vote voted renders the elections a nullity as the flaw is by its very nature not capable of being cured.
“Kindly let us hear from you by the 1st of September 2011, failing of which we have instructions to approach the courts for appropriate relief.”
Last year, Njube Sundowns filed an urgent High Court application to stop the elections until their case with Masvingo United, which would then determine their status, was heard.
However, Sundowns later withdrew their High Court case, in the interest of football.
At the beginning of last season, Sundowns gave their Division One franchise to Luveve Big Eleven, who were subsequently relegated to Division Two at the end of the season.
Online Reporter