Magaya’s review challenge dismissed

Mathew Masinge

High Court Judge Justice Tawanda Chitapi has dismissed Walter Magaya’s application for a review of his disqualification to run for the ZIFA presidency.

Justice Chitapi said Magaya was not candid with the court after he failed to produce his ordinary level certification and there was nothing grossly unreasonable in his disqualification.

“Magaya did not provide evidence that the minimum 5 O-Level requirement was equivalent to any of the three diplomas he tendered.

“This issue cannot just be resolved by prayer and there was nothing grossly unreasonable done by ZIFA’s Normalisation Committee.

“Therefore his application cannot succeed, accordingly the application for review is dimsmissed. Parties to bear their own costs,” ruled Justice Chitapi.

Magaya had submitted higher certificates in Marketing and Theology arguing that he had met the criteria.

He said the decision to disqualify him by the ZIFA Ethics Committee was grossly unreasonable.

His lawyers also argued that the persistant demand for the 5 O-Levels without considering the equivalent created an eligibility on the ZIFA statutes.

It was Justice Chitapi’s finding that Magaya failed to take the court into confidence by not being clear whether he holds the O-Level certificate or not. Therefore he could not benefit from the review process.