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Lovemore Dube in BULAWAYO
BULAWAYO High Court judge Justice Ngoni Nduna has deferred the matter in which ex-Norton legislator Temba Mliswa is contesting the legitimacy of the ZIFA Congress to tomorrow.
Mliswa, along with Benjani Mwaruwari, Farai Jere, Gift Banda, and Walter Magaya, were disqualified from taking part in the January 25 elections for a number of reasons.
Banda and Mwaruwari have since taken their case up with the Court for Arbitration for Sport in Switzerland, as prescribed by the ZIFA Statutes.
Although he has lodged an appeal with the High Court in Harare, Magaya has also filed another case with CAS.
However, Article 85.9 of the ZIFA Statutes, which are being used in the election, reads: “For the elections of the Executive Committee, which shall take place following the adoption of these Statues, the Normalisation Committee shall act as the Electoral Committee as defined in the Electoral Code. Any appeal against any decision of the Normalisation Committee in connection with the elections shall be referred to CAS.”
The case could have been heard yesterday, but the same ZIFA respondents in Mliswa’s matter were engaged in another hearing over the Magaya application in the High Court in Harare.
Mliswa was at the Bulawayo High Court yesterday in the company of his lawyers, Musindo Hungwe and Tatenda Madamombe.
Hungwe said the matter could not be heard because the respondents’ lawyers were at another case in Harare at the same time.
“They only became aware of the sit-down this morning. We were ready to deal with the matter.
“The respondents’ lawyers were appearing in another matter in Harare.
“The court decided to defer the matter to a later date; the matter has been deferred to Thursday at 08:30 hours,” said Hungwe.
Derek Kossam, who stood on behalf of the ZIFA Counsel yesterday, said the court could not sit to pronounce a judgment because the respondent, who is ZIFA, was served papers late on Friday afternoon at 1530 hours.
“ZIFA only got to know about the set down this morning at 9 am at the time the court was supposed to sit,” he said.
Mliswa, who was disqualified from taking part in the January 25 elections, has taken the national football mother body to court, claiming there are some irregularities about the electoral process.
For purposes of transitioning from the Normalisation era, FIFA extended the mandate of the ZIFA Congress and directed that elections would be held for the executive committee first.
The remainder of the elections roadmap would then be conducted by the new and substantive ZIFA executive.
The election process is in the hands of the ZIFA Normalisation Committee, which, at the behest of FIFA, are also the ZIFA Electoral College.
Mliswa contends that the ZIFA Congress’ mandate ended in 2022, and hence they should not have partaken in the elections exercise.
Online Reporter