adminJustice Lawrence Kamocha dealing with the matter as an unopposed matter, made a declaratory order that the suspension of Banda by a letter dated 8 December 2011 be and is declared or deemed to have lapsed in terms of Article 31:10 of the Zifa Constitution.
He declared the suspension null and void. The respondents — Zifa, Cuthbert Dube, Ndumiso Gumede and Jonathan Mashingaidze — are interdicted from interfering with Banda’s discharge of his duties as chairman of the Southern Region, Zifa oard member and service in other offices of Zifa as allowed under the constitution or regulations.
Zifa was ordered to pay the costs of the suit on an attorney-client scale for the application, while Dube, Gumede and Mashingaidze are to personally pay the costs if the relief sought is opposed.
Zifa provisionally suspended Banda after a special board meeting held on 7 December last year and stated that the suspension was triggered “by your alleged involvement in match-fixing scandal in the Central Region”.
In February this year, Banda through Mr Sindiso Shepherd Mazibisa, of Cheda and Partners, had made an application to the High Court arguing that since his suspension no disciplinary hearing had been conducted, let alone a disciplinary committee constituted in term of the Zifa Constitution.
He added that Article 31:10 of the Zifa Constitution provides that members of the Zifa board may provisionally suspend a member of the board pending disciplinary hearings for the member so suspended within 14 calendar days.
He contended that the 14 days had lapsed without any hearing or him having been charged and that on 21 December last year, he drew Dube’s attention to the fact that the 14-day period had lapsed without any disciplinary hearing and that he considered himself reinstated unless there were other reasons justifying the continuation of the provisional suspension.
Banda notes that by a letter dated 10 January this year, and signed by Mashingaidze, the Zifa chief executive officer, Zifa acknowledged receipt of the letter from him and advised him that the provisional suspension remained in force until there was a resolution of the Zifa board to the contrary.
He says no provision of the Zifa Constitution was cited in support of the position stated in the said letter.
He sought the intervention of the Sports and Recreation Commission and the Federation of International Football Associations (Fifa) in the matter but to no avail.
The respondents initially opposed the application but they filed the heads of argument out of time and Justice Kamocha granted Banda leave to set down the case on the unopposed roll.
Online Reporter