Zifa lose Mhofu case

the High Court issued a default judgment in his favour.
Chidzambwa’s lawyer Godfrey Mamvu-ra of Scanlen and Holderness said he will now apply for a writ of execution and indicated that Zifa House was one of the properties they will target to get what is due to the coach.
High Court Judge, Justice Lavender Makoni, yesterday held a pre-trial conference in Case Number HC4939/2010 in which Chidzambwa, now coach of South African Division One side Black Leopards, was the Plaintiff while the football association were the Defendant.
But there was no representative from the Zifa board, who had been expected to be represented by chief executive Jona-than Mashingaidze, while the football association were only represented by Mr P. Mabundu who had been instructed by their lawyer Ralph Maganga.
Former Zifa president Wellington Nyatanga also appeared at the High Court while Mamvura appeared for Chidza-mbwa.
At the pre-trial conference, Justice Makoni issued a default judgment due to the no-show by Zifa and granted an order in Chidzambwa’s favour.
In a pre-trial conference, the defendant has to appear and cannot be entirely represented by their lawyer.
It couldn’t be established yesterday why Maganga or Mashingaidze didn’t appear for Zifa.
Mabundu’s pleas to try and have the case postponed were shot down by the judge who said Zifa were too big an organisation to be paralysed by the absence of just one official.
Zifa’s case wasn’t helped by the fact that Chidzambwa even traveled from South Africa, where he is preparing his team for a Nedbank Cup final and play-offs, for his court appearance.
Part of the draft order of the judgment read: “The Defendant. being in default, its defence be and is hereby struck out.
“The Defendant shall pay to the Plaintiff the sum of US$67 000, 00 being unpaid salaries for the period 1st November, 2008 to 30th April 2010.
“The Defendant shall play interests on the sum of US$67 000, 00 calculated at the prescribed rate from 21st July 2010, being the date of issue of summons to the date of full payment.”
Zifa were also ordered to pay the cost of the legal suit.
Chidzambwa was employed by the Nyatanga-led Zifa board, taking over from Brazilian national Valinhos, who was dismissed for poor performance.
He took Zifa to court seeking US$67 000, which he claims is outstanding from his period of employment as Warriors’ coach.
Zifa had previously acknowledged that they owed the former Warriors coach but were ready to pay only US$13 000.
The football association, were therefore expected to present their defence outline during the pre-trial yesterday but noone was there for the association, leaving the judge with no option but to give a default judgment.
Mamvura said he was now awaiting for a written notice on the order so that they move in to attach any Zifa properties to recover what is owed to Chidzambwa.
“In essence Zifa did not send a representative and even their usual legal representative was absent.
“I then made an application that Zifa were in default and that order was granted.
“All I am waiting for is a final written order to be typed,” said Mamvura.
He said he will use the final order to get a writ of execution and approach the Deputy Sheriff to attach any Zifa properties to recover what is owed to Chidzambwa.
Another lawsuit is looming in a showdown with Belgian coach Tom Saintfiet.
Saintfiet has taken Zifa to Fifa claiming nearly half a million dollars.
The former Namibia coach is claiming US$451 0881. 46 for breach of contract and damages from Zifa.
The Belgian was ordered out of Zimbabwe by the Department of Immigration last year and his application for a work permit was subsequently turned down.