Vusumuzi Dube
Noel Munzabwa, Sports Correspondent
FORMER Premier Soccer League side TelOne Football Club’s bid to ‘dethrone’ fellow Midlanders Sheasham Football Club from the march to the elite league has once again been thrown into the trash bins – albeit this time by the Zifa Players Status Committee.
Challenging the preceding the Central Region Soccer League (Central Region Division One) which had ruled against them, the WiFi Boys sought for the Zifa Players Status Committee’s eye and ear praying for Tawana Chikore’s Sheasham player status to be deemed ineligible.
They had indeed argued that Chikore who has also played for Mbabane Citizens, Manzini Wanderers, Ivan Hoe, FC Platinum and Caps United had been ‘over registered’ for three clubs during the same window, something that had been clarified by the PSL in its letter to the Central Region when the matter was raised last year.
Aggrieved, the Gweru based outfit took Sheasham Football Club, Zifa Central Region, Premier Soccer League and Caps United as respondents albeit something which in its ruling, the Zifa Players Status Committee felt as challenged by the first respondent was a misdirected act of an appeals destined case wrongly.
“This matter was placed before the Committee christened as an appeal against the decision of the Central Region Soccer league (CRSL),” noted the judgment opening paragraph.
The main question, which fell for determination on the hearing day, was whether the matter, which was before the committee, was an appeal and if so, whether or not the committee had the competence to adjudicate on appeals.
After supplementary submissions from both TelOne Football Club and Sheasham Football Club, the committee concluded that “Given our finding that the matter is an appeal, the next question is whether the committee has jurisdiction to adjudicate on the matter.
“Article 50 of the Zimbabwe Football Association Statutes (“the statute”) provides for the establishment of the Players’ Status Committee. The relevant provision provides as follows;
“The Players’ Status Committee shall set up and monitor compliance with transfer regulations in accordance with the FIFA Regulations for the Status and Transfer of Players and determine the status of Players for various competitions of ZIFA.
“The Executive Committee may draw up special regulations governing the Players’ Status Committee’s Powers of jurisdiction. The Players’ Status Committee shall consist of a Chairman, a Deputy Chairman and 3 members. “
Given the terms of the quoted provision, it was clear that the Committee’s terms of reference are restricted to (i) monitoring compliance with transfer regulations and (ii) determination of the status of players for ZIFA’s competitions.
It was also noted that no special regulations governing the Committee’s powers of jurisdiction are in place save for what is provided by Article 50 and as such, the Committee’s jurisdiction is confined to the said terms of reference.
Thus, it is the Committee’s view that it did not have jurisdiction to either confirm or set aside any decision made by any judicial body. It is a forum of first instance and does not have appellate powers.
“The Committee does not have appellate powers and same cannot be assigned to it by anyone except by the Executive Committee. Further, it cannot adjudicate on any appeal unless and until the Executive Committee, by way of regulations, has extended the Committee’s jurisdiction.
“On this issue, the law is clear that ‘where a decision is given without jurisdiction, it may be disregarded without the necessity of a formal order setting it aside.’ Manning v Manning 1986 ZLR 1 CSI.
“It follows therefore that the Committee has no jurisdiction to adjudicate on the matter. Any decision given without jurisdiction would constitute a nullity.
“The appeal is hereby struck off with no order as to costs,” read the verdict which literally becomes academic as Sheasham Football Club have already fulfilled half a dozen premiership matches with complainant TelOne having played two Central Region Division One matches. –
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