Sports / Soccer
Zifa's sequestration application removed from the High Court roll
07 Jul 2016 at 06:37hrs | Views
ZIFA's sequestration application has again been removed from the High Court roll after the judge queried how the association hurriedly went for dissolution without surrendering its assets to the Sports and Recreation Commission (SRC) as required by its constitution.
The debt-ridden football governing body is seeking sequestration and permission to hand over its problems to a trustee.
Section 77(2) of the Zifa constitution, Justice November Mtshiya said, makes it mandatory for Zifa to hand over its assets to the SRC in difficult times where dissolution will be the best option.
The judge also queried the association's decision to file the application for sequestration and surrender at the High Court without attaching minutes of the final congress that led to the dissolution of the association.
Justice Mtshiya also directed Zifa lawyers to consider provisions of the law requiring the proposed trustee to confirm willingness and ability to take over management of the troubled association.
Removal of the matter from the roll will allow Zifa lawyer Stephen Zvinavakobvu of Zvinavakobvu Law Chambers to address the raised queries.
When Zifa is ready, the matter may be brought back to the court roll for determination.
Yesterday's postponement was the third time in three weeks.
Initially, Zvinavakobvu sought postponement of the matter to allow him to consider a report filed by the Master of High Court opposing the sequestration petition.
On the first day, the judge noted that the Zifa constitution attached to the application was faint and not legible and directed Zvinavakobvu to replace the faint document with a legible one.
On the second appearance, the same court realised that the lawyers had not replaced the copy of the constitution.
The judge removed the matter from the roll to allow Zvinavakobvu to correct the anomaly.
Zifa was dissolved on June 4, with its leaders arguing that it was insolvent.
A new outfit called the National Football Association of Zimbabwe (Nafaz) was immediately formed with the same leadership that managed Zifa.
Having announced its dissolution, Zifa then approached the High Court seeking permission to surrender its problems to a trustee to be appointed by the High Court to deal with the entity's debts that are in excess of $6 million.
Zifa nominated Freddie Chimbari of Fremus Executor Services as an appropriate trustee to manage its affairs.
The Master of High Court strongly opposed the move by Zifa saying it was a deliberate attempt to avoid paying their debts to the prejudice of creditors.
A report by Additional Master of the High Court (insolvency) Reuben Mukavhi indicated that Zifa does not have any legal standing to sue or be sued separately from its membership. Mukavhi accused Zifa of trying to defraud its creditors.
The debt-ridden football governing body is seeking sequestration and permission to hand over its problems to a trustee.
Section 77(2) of the Zifa constitution, Justice November Mtshiya said, makes it mandatory for Zifa to hand over its assets to the SRC in difficult times where dissolution will be the best option.
The judge also queried the association's decision to file the application for sequestration and surrender at the High Court without attaching minutes of the final congress that led to the dissolution of the association.
Justice Mtshiya also directed Zifa lawyers to consider provisions of the law requiring the proposed trustee to confirm willingness and ability to take over management of the troubled association.
Removal of the matter from the roll will allow Zifa lawyer Stephen Zvinavakobvu of Zvinavakobvu Law Chambers to address the raised queries.
When Zifa is ready, the matter may be brought back to the court roll for determination.
Yesterday's postponement was the third time in three weeks.
Initially, Zvinavakobvu sought postponement of the matter to allow him to consider a report filed by the Master of High Court opposing the sequestration petition.
On the first day, the judge noted that the Zifa constitution attached to the application was faint and not legible and directed Zvinavakobvu to replace the faint document with a legible one.
On the second appearance, the same court realised that the lawyers had not replaced the copy of the constitution.
The judge removed the matter from the roll to allow Zvinavakobvu to correct the anomaly.
Zifa was dissolved on June 4, with its leaders arguing that it was insolvent.
A new outfit called the National Football Association of Zimbabwe (Nafaz) was immediately formed with the same leadership that managed Zifa.
Having announced its dissolution, Zifa then approached the High Court seeking permission to surrender its problems to a trustee to be appointed by the High Court to deal with the entity's debts that are in excess of $6 million.
Zifa nominated Freddie Chimbari of Fremus Executor Services as an appropriate trustee to manage its affairs.
The Master of High Court strongly opposed the move by Zifa saying it was a deliberate attempt to avoid paying their debts to the prejudice of creditors.
A report by Additional Master of the High Court (insolvency) Reuben Mukavhi indicated that Zifa does not have any legal standing to sue or be sued separately from its membership. Mukavhi accused Zifa of trying to defraud its creditors.
Source - chronicle
