adminPetros Kausiyo Deputy Sports Editor
ZIFA have dismissed claims by former Northern Region chairman Saidi Sangula that they are violating their constitution and insist the 2014 elections are being held in line with their rules and regulations. Sangula petitioned the Sport and Recreation Commission to sanction Zifa for flouting their constitution in the manner they have been conducting elections of their affiliate bodies to date.
The ZPC Kariba executive member also wanted the Sports Commission to order Zifa to stop the electoral process which he charged was flawed.
According to a response sent to the Sports Commission, and also copied to Fifa development officer for Southern Africa Ashford Mamelodi, members of the Zifa assembly, the association’s board and their lawyer Ralph Maganga, Zifa insisted that there was “nothing wrong’’ with their conduct to date.
A copy of the response, signed by Zifa chief executive Jonathan Mashingaidze, outlined the major areas, which the association believes Sangula failed to interpret.
“We refer to the above matter (Zifa elections) and to your letter dated 27 February 2014. The Zimbabwe Football Association wishes to respond to Mr Sangula’s letter as follows:
As you are aware the nomination fees were indeed reduced after a meeting was held between Zifa and your august office. Mr Sangula, however, portrays the view that Zifa was ordered to reduce the same to 2010 levels. Nothing can be further from the truth. The copy of the revised nomination fees is attached
The Zifa constitution was duly registered with your good institution on 18th November 2013 and nothing needs to be said about that
Mr Sangula has used the restrictive rule of interpretation of statutes in his definition of what members of Zifa are. In terms of Article 10 of the Zifa constitution members of Zifa are, in short, Zifa affiliates. No natural person can be a member of Zifa’s “Strictusencuo’’ and hence, if strictly interpreted, no one would qualify to be a member of the Electoral committee’’
Zifa also argued that it was their mandate to administer the elections of their affiliates and maintained that their Electoral Committee was properly constituted. “The correct interpretation would then be that anyone who is or has been involved with the football family (Zifa) would then qualify,” said Mashingaidze in his letter to SRC director-general Charles Nhemachena.
“Surely, Mr Sangula cannot be suggesting that the code intended to have the Premier Soccer League, regions or provinces running the elections or worse still their representatives.
“The affiliates’ representatives are the Zifa delegates who contest in the elections and surely those people while they represent Zifa members cannot run elections that they are participating in. One cannot be a participant and referee at the same time.
“The Electoral Committee is, therefore, properly constituted and must be allowed to conduct the process in peace.”
It was also Zifa’s contention that the relief sought by Sangula was tantamount to asking the Sports Commission to interfere with the association’s electoral process.
“Mr Sangula appears to be requesting your good office to interfere with the democratic process of elections and, with all due respect, that coming from a lawyer is surprising since the Zifa constitution, Fifa statutes and the Electoral code itself prohibit such conduct.
“Further, Article 12(1)-(4) of the Electoral code provides for an appeal procedure which is followed when one is aggrieved by the decisions of the Electoral Committee. Mr Sangula has decided not to take that route because ‘an appeal to Zifa itself would not yield results.’
“Mr Sangula cannot have his cake and eat it. It is either he is in football or not. If he is in football he should exhaust the domestic remedies available to him before engaging the outside world.
“As an aspiring candidate Mr Sangula, who has been in the Zifa elections before, is aware of these procedures but has decided to mislead your august office in order to achieve certain selfish ends by putting the whole electoral process into disarray and make the beautiful game ungovernable.
“Beyond 29 March 2014 there would be no national Zifa board in existence should elections not go ahead. The Zifa constitution has been followed to the letter and the Electoral Committee must be permitted to conclude the process and if there are aggrieved parties the internal procedure is present and available to Mr Sangula and other like-minded individuals.
“As for taking these matters to court Mr Sangula knows as much as your office does that the Zifa and Fifa statutes do not permit the taking of football matters to court and we believe we have addressed Mr Sangula’s complaint.”
Online Reporter