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Sikhumbuzo Moyo, Senior Sports Reporter
DESPITE being an interested party, Zifa chief executive officer Joseph Mamutse has written to the suspended association vice president Gift Banda advising him that their condonation case will be heard before the Appeals Committee on Friday.
Ordinarily and at law, the date must be communicated to both parties by the Appeals Committee, not Zifa since they are an interested party in the matter.
Early this month, the Zifa Appeals Committee upheld a judgement by another judiciary body, the disciplinary committee that cleared Banda of all the six charges preferred against him by Zifa.
The Appeals Committee’s determination was however on a technicality after Zifa failed to provide before the Appeals committee the proof of payment of the appeal fee as per dictates of Article 7.1 of the Zifa rules and regulations.
Zifa then said they will apply for a condonation and have the matter reset again.
According to the Zifa communications and competition manager Xolisani Gwesela, payment of the appeal fee was done on March 9, a day before the association formally filed their appeal before the Appeals Committee, led by Harare lawyer Stead Kachere.
The matter was then set for hearing on June 2, exactly 84 days later.
Giving reasons for their failure to provide proof of payment, said their accountant, who had the proof, was affected by the national shut down due to Covid-19 pandemic.
However the proclamation of the lockdown by President Mnangagwa was made 21 days after the appeal fee payment by Zifa.
President Mnangagwa announced the initial lockdown on March 30.
“These guys had about 20 days to avail before the Appeals Committee, proof of payment but they didn’t, never mind the 84 days. This is just playing with people’s mind and an embarrassment to the legal profession,” said a renowned lawyer who asked for anonymity.
Another legal brain said Article 7.1 allows the Appeals Committee to deal with the late noting of the appeal but for that to happen, the appeal must actually be a proper appeal, it must also be accompanied by a fee.
“You can argue only when after meeting the appeal requirements, you then filed a late appeal but the circumstances that we are in now are not like that, Zifa brought in a defective appeal and when it was noted that it was defective the Appeals Committee said there was therefore no appeal for determination. The article is very clear, it doesn’t give the Appeals Committee to hear the same matter twice,” said the lawyer.
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