Sweswe lawyers challenge ban

Augustine Hwata Sports Reporter
LAWYERS representing Zimbabwe international defender, Thomas Sweswe, yesterday challenged the legality of the Justice Ebrahim Committee to pronounce judgment on individuals implicated in the Asiagate match-fixing scandal.This came as the Zifa Special Appeals Committee sat down in Harare yesterday to hear submission made by the legal team of Zimbabwean and South African lawyers representing Sweswe who is challenging his life ban from football.

Sweswe, who is now playing for Bidvest Wits, did not appear in person but was represented by his legal team from Magwaliba and Partners, who were instructed by South African law firm, Edward Nathan Sonnenbergs whose legal representative, Farai Razano, attended the proceedings.

Magwaliba made his presentations before the committee chaired by Silas Chekera, Thabani Mpofu and Chris Mbanga.
In his submissions, he argued that that Zifa erred in appointing the committee, led by Justice Ahmed Ebrahim, to try and deal with the case instead of letting their standing disciplinary committee handle the matter.

Magwaliba challenged the legality of the mandate given to Ebrahim and his team and whether they were empowered, under the Zifa constitution, to pronounce judgment on any individual.

He also submitted that the Asiagate case was affecting his client’s career in South Africa.
“His team is eagerly awaiting to hear what is happening with interest. If he is banned for life, it means the end of his career,” said Magwaliba.

The Harare lawyer said even if Sweswe had been found out to have contravened some sections of the game, through his conduct, by a proper judicial committee, vested with such powers by the Zifa constitution, he feels the life ban was outrageous.

A fine of between US$2 000 and US$5 000 should have been considered, argued the lawyer, and would have been appropriate.
But Zifa lawyer Ralph Manganga, in his response, pointed out that the Ebrahim Committee, which recommended the sentence on Sweswe, was set up above board.

“I insist that the appointment of the Ad Hoc Committee chaired by Justice Ibrahim was done above board.
“When the issue of match-fixing erupted, the (Zifa) board felt that this was a special and unique case which could not be handled by the standing committee.

“The board appointed the Ad hoc committee in line with the provisions of the constitution and wanted this case to be dealt with for once and for all because of its uniqueness,” said Maganga.

Maganga also pointed out that the standing Zifa disciplinary committee had no capacity to effectively deal with the Asiagate cases.
He also said that the composition of the standing disciplinary committee had been compromised in dealing with Asiagate at this stage since some of the people had done secretariat work for the probe led by Ndumiso Gumede.

“Some of the people who sit on the disciplinary committee were involved in secretarial work during the interviews and we felt that they would be compromised since they already knew some of the information,” said Maganga.

Zifa chief executive Jonathan Mashingaidze also attended the hearing.
Chekera and his committee will decide on how to proceed with the case of former Zimbabwe and Dynamos coach Sunday Chidzambwa.

Maganga advised the hearing that the lawyers who were representing Chidzambwa had renounced their power of attorney and argued that since the coach had not paid the full instalment of US$6 000 in appeal fees, he had also lost his right to be heard.

But Chekera and his committee felt they needed to look at the case first and decide whether it was appropriate to make a determination on whether the appeal had been dismissed or that it had simply been struck from their roll.

Last week, Zifa were challenged to present further evidence by Fifa why the world football association should endorse the bans and give it a worldwide effect.

Already CAPS United coach Taurai Mangwiro and Shabanie Mine coach Luke Masomere won a reprieve at the Appeals Committee when they were given the freedom to continue with their careers.