malvernmugadzikwa
Online Reporter
THE Zimbabwe Chess Federation (ZCF) election set for Saturday is now in doubt after one of the clubs filed an objection against a poll that has been described as illegal and unlawful.
Members of the ZCF are supposed to hold an election to choose a new Executive Committee before reviewing the constitution on the same day.
Acting on instructions from Tongo Defence Chess Academy, an affiliate of the ZCF, Charamba and Partners legal practitioners wrote to the Sports and Recreation Commission requesting the local supreme sports body to stop the election.
The SRC has also been asked to stop a constitutional review meeting also set for Saturday.
The main contention is that the term of office of the Executive Committee which called for both the election and Constitutional Amendment Review expired on September 30.
“We are duly instructed by Tongo Defence Chess Academy which Academy is an active and duly affiliated member of Zimbabwe Chess Federation (hereinafter referred to as “ZCF”) and it is at the instance of the Academy that we address you.
“Kindly take note of our legal professional interests.
“We request that you, as the Sports and Recreation Commission — (SRO, stop the said meeting and inform our office so that we advise our client on appropriate way forward.
“Should we not hear from you by close of business on Wednesday 30 October 2024, we will take it that you have refused, neglected, avoided and are unwilling to consider our request.
“May you treat this matter as urgent, and should we resort to unnecessary litigation over this issue, we will seek costs against those responsible on a higher scale,” wrote Charamba and Partners.
Another letter dated October 25 and addressed to the ZCF secretary general, Charamba and Partners outline the flaws and irregularities of the looming election.
The letter claims that the Executive Committee that has called for the Annual General Meeting and Constitutional Amendment Review has no locus stand as its term of office expired end of September 2024, having served from September 2019.
“We are convinced that the history related to this subject matter clarifies why the said Elections and Constitutional Amendment Review process by ZCF is defective, flawed, invalid, irregular and illegal,” wrote Charamba and Partners.
They added: “It is worrisome, that after expiry of their term of office, the former Executive Committee, now purport to be in a rush to do an Election before the Constitutional Amendment.”
The remedy to this conundrum, according to Charamba and Partners is for the SRC, as they did in 2019, to appoint an Independent Committee which will oversee the Constitution Amendment Review process and subsequent elective process of the ZCF presidency.
“The SRC is therefore kindly requested, by a copy of this letter to;
“Formally inform of the dissolution of purported Current Executive, whose term of Office expired in September 2024.
“Direct that ZCF put on hold the intended Elective AGM and Constitutional Amendment Review process, meant for 02 November 2024 until proper and due process has been followed, as requested and according to law.”
Bongani Ndlovu
Online Reporter