Zim lawyer gets CAS appointment

Grace Chingoma Senior Sports Reporter

FORMER Law Society of Zimbabwe president Wellington Magaya has made history by becoming the first person in the country to sit on the International Council of Arbitration for Sport.

He will be an arbitrator on the general list of CAS for the next three years.

Magaya will be among the panel of arbitrators that will resolve sport-related disputes for different federations and associations in the world.

He told The Herald that the appointment means a lot for the country with regards to dispute solving in sport.

“Firstly, it’s a recognition for me and my ability to resolve disputes in the sports field. Secondly, for Zimbabwean sport, it means there is recognition from the highest level. In the event that there are disputes among sports stakeholders it can be resolved internally,” said Magaya.

He believes the appointment will give him an opportunity to learn from other experts which in turn will benefit the local sport.

“It’s also a recognition that within Zimbabwe we have the capacity to resolve any dispute that might arise as long as parties involved are willing to subject themselves to the dispute mechanism.

“More importantly, it means Zimbabwe will have a voice when it comes to dispute resolution globally.

“The appointment is an opportunity for us to learn from other international dispute resolution experts and transfer that knowledge for the benefit of local sport,” said Magaya.

Secretary general of the Court of Arbitration for Sport Matthieu Reeb wrote to Magaya informing him that he was now among 400 members who can be panellists in dispute resolution in global sport.

“It is my pleasure to inform you that the International Council of Arbitration for Sport (ICAS) has appointed you as the arbitrator on the general list of the Court of Arbitration for Sport (CAS) for the period 2023 — 2026. Since your name was proposed by a football entity, your name will appear on the “CAS football list” as well.

“The CAS counts around 400 members who may be called upon to serve on arbitral panels. The list of CAS members can be consulted on our website. Please accept my congratulations on your nomination.

“In the event you accept your nomination, I also take this opportunity to inform you that the next internal CAS seminar will take place in Geneva, Switzerland, from 30 November-1 December 2023. More details will follow soon,” read the letter.

The International Council of Arbitration for Sport and the Court of Arbitration for Sport were created to resolve sports-related disputes through arbitration and mediation.

According to their website, the CAS has three divisions, namely ordinary arbitration, anti-doping and an appeals arbitration.

“CAS maintains one or more list(s) of arbitrators and provides for the arbitral resolution of sports-related disputes through arbitration conducted by panels composed of one or three arbitrators.

“CAS maintains a list of mediators, and provides for the resolution of sports-related disputes through mediation. The mediation procedure is governed by the CAS mediation rules. Former Zimbabwe international Edward Sadomba once won a landmark ruling when he successfully sued his former club Al Ahli Tripoli, with the Court of Arbitration for Sport directing the Libyan outfit to pay the player US$450 000.

Sadomba first appealed to FIFA’s Dispute Resolution Chamber but they dismissed his case. He had entered into a deal worth nearly US$600 000 with Al Ahli which included the player’s signing on fees, bonuses, salaries and allowances.

But the two parties later agreed on a termination of the contract as the club had been rendered inactive on their domestic front due to civil unrest in Libya. With the help of the Footballers Union of Zimbabwe and Fifpro, Sadomba appealed to CAS and got recourse.

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