Minister Hlongwane on CAS

Raymond Jaravaza
AGGRIEVED parties that are not satisfied with the outcome of their disputes in the mooted local sport arbitration and resolution facility that is being spearheaded by a respected arbitrator and a number of lawyers will not be stopped from approaching international courts for redress, a Cabinet Minister said.

The Ministry of Sport and Recreation is facilitating the setting up of a Zimbabwe Court of Arbitration for Sport (CAS) to deal with disputes arising within associations.

This will mean that before approaching, for instance, the Switzerland-based Court of Arbitration for Sport to deal with a dispute between Zifa and the PSL the two associations will first have to exhaust all channels within the local dispute resolution facility.

But in the event that an aggrieved party is not satisfied with the outcome of a dispute as determined by the local dispute resolution facility it has a right to approach international courts such as the Zurich-based CAS.

a�?If an aggrieved party is not happy with the outcome of a dispute as set by our local CAS, it is within their right to appeal with the relevant international sport dispute resolution court. The right to leave to appeal is a right that cannot be taken away from any sports association provided it can meet the financial obligation to approach international sports dispute courts,a�? Minister Hlongwane told B-Metro Sport.

Minister Hlongwane added that the idea of setting up a local Court of Arbitration for Sport was to ensure speedy and smooth conflict resolutions to disputes within associations or involving athletes in the various sports disciplines in the country.

The Zifa/PSL relegation and promotion impasse is such one case.

In October 2016 Zifa councillors reneged on a 2015 resolution to relegate two PSL teams and promote two clubs from the lower division one leagues. Because of the absence of a local body responsible for sports conflict resolutions, the PSL took their case to the Switzerland-based CAS, only to withdraw last month after clubs felt that forking out 17 000 Swiss francs to CAS was a waste of resources.

Ultimately four teams from the lower division one leagues were promoted into top flight football while two PSL clubs were relegated.

The local CAS is being spearheaded by Muchadeyi Masunda, a member of the International Court of Arbitration, former Sports and Recreation Commission director-general Charles Nhemachema and various lawyers with sports industry experience.