Lovemore Dube and Sikhumbuzo Moyo

IT’S now official – the battle for the ZIFA management positions will first be performed within the courts earlier than they’re held in Harare later this month.

The newest developments will stoke fears that the ballot won’t be held on January 25, as scheduled, due to the actions within the courts.

Benjani Mwaruwari and Gift Banda’s appeals on the Court of Arbitration for Sport have been famous by the Switzerland-based organisation. The two had been disqualified from working for the ZIFA presidency and vice-presidency by the affiliation.

Prophet Walter Magaya and Temba Mliswa, who had been barred from battling for the ZIFA presidency, have taken their battles to the High Court.

Yesterday, CAS famous that the appeals filed by Benjani and Banda had been registered underneath CAS 2024/A/11104.

“On 31 December 2024, the Court of Arbitration for Sport (CAS) registered the following appeal arbitration procedure: CAS 2024/A/11104 Benjani Mwaruwari & Gift Banda v ZIFA Normalisation Committee,” CAS instructed Zimpapers Sport.

“The arbitration is at an early stage and no further information is available at this time.”

Mliswa has filed High Court papers searching for nullification of the entire Zifa Electoral course of.

“Take notice that the following grounds shall be relied upon in the application; The ZIFA Congress Delegates who met at the Annual General Meeting of the First Respondent on the 18 of October 2024, and thereat passed the resolution to adopt the amended ZIFA Constitution, were devoid of authority to so act by virtue of some of the Congress delegates’ terms of office having expired in the period preceding the Annual General Meeting,” wrote Mliswa, by way of his legal professionals MD Hungwe Attorneys at Law.

“The subsequent electoral processes instigated by the first respondent through the ZIFA Normalisation Committee under a constitution that was irregularly adopted is equally flawed as it is premised on a constitution whose existence is a legal nullity by dint of having been adopted by a body lacking the requisite authority and mandate.”

The ZIFA Normalisation Committee additionally famous Benjani and Banda’s appeals at CAS.

“We applaud Benjani and Gift Banda on their willingness to comply with ZIFA Statutes and procedurally challenge their ineligibility at CAS and we are co-operative in our approach and will ensure the process remains as transparent as possible and will respect the CAS verdict when it comes,” mentioned ZIFA.

“We are working carefully with our exterior Counsel to make sure we reply throughout the stipulated dies inducia of two days and might be following carefully the CAS proceedings.

“For the avoidance of doubt , we received the CAS application on Monday afternoon the 6th of January 2025.”

“The ZIFA Normalisation Committee, appearing because the ZIFA Electoral Committee, has acknowledged receipt of Walter Magaya’s Court Application for Review filed with the High Court of Zimbabwe following his ineligibility to run for ZIFA presidency which was communicated on the twenty third of December 2024.

“In response the ZIFA Electoral Committee stipulates that Magaya’s actions of approaching local courts is ultra vires ZIFA Statutes albeit it being an application for review – it does not address any procedural irregularities but substantive issues which should have been taken at the level of CAS under ZIFA Statutes.”

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