Zifa elections face first hurdle

The upcoming Zimbabwe Football Association (Zifa) board elections on January 25 are facing significant legal challenges as two High Court cases and a pending decision at the Court of Arbitration for Sport (Cas) threaten to disrupt the process.

The matter will be heard this morning before High Court Judge Justice Chitapi, with Zifa hoping to secure a favorable ruling on the grounds that the matter is already before Cas, whose decision will be crucial to the holding of the elections.

The ongoing legal challenges include a case filed by former players Benjani Mwaruwari and Gift Banda at Cas, as well as another High Court case by Temba Mliswa, who failed Zifa's eligibility test and is contesting the decision.

"The matter has been set for Tuesday 9 am before Justice Chitapi, and we have provided our arguments on the merits of the matter," said the Zifa electoral committee in a statement issued yesterday.

"The main issue at law is that this case is already before another competent court, Cas at First Instance, and that Court should be allowed to complete its proceedings," the Zifa Normalisation Committee, which is also the electoral committee, added.

Farai Jere, Magaya, Mliswa, and Mwaruwari were all barred from contesting the Zifa presidency. Jere accepted the decision, while Mwaruwari, Banda, and Mliswa are challenging their ineligibility.

Six candidates - Twine Phiri, Marshall Gore, Philemon Machana, Nqobile Magwizi, Makwinji Soma Phiri, and Martin Kweza - have successfully passed the eligibility test and are set to participate in the upcoming elections.

Zifa has expressed disappointment at the legal actions taken by Magaya and Mliswa, emphasizing that their challenges are inconsistent with Zifa statutes. The electoral committee believes these matters should be directed to Cas, which is the appropriate forum for resolving such disputes.

"The Zifa Normalisation Committee, acting as the Zifa electoral committee, acknowledges receipt of Walter Magaya's court application for review, filed with the High Court of Zimbabwe, challenging his ineligibility to contest for the Zifa presidency," it said in a statement.

"This ineligibility was communicated on December 23, 2024. Magaya's decision to approach local courts is ultra vires the Zifa statutes. While the application is framed as a request for review, it does not address any procedural irregularities but raises substantive issues that should have been directed to the Court of Arbitration for Sport, as stipulated by the Zifa statutes."

The committee expressed support for Benjani Mwaruwari and Gift Banda for adhering to the established processes, noting their commitment to the statutes.

Zifa last week assured that the elections will proceed as scheduled, emphasizing their commitment to a fair and transparent process.

Magaya may have opted for the High Court route due to the lengthy nature of the Cas process, which could be concluded long after the elections. However, both Zifa and FIFA do not condone the involvement of public courts in football-related matters, preferring that disputes be handled through sports arbitration.

As the legal proceedings unfold, Zifa remains focused on ensuring the elections are conducted in a transparent and orderly manner, awaiting the outcomes of both the Cas decision and the High Court hearing.