The matter will be heard this morning before High Court Judge Justice Chitapi and Zifa are hoping that they can win the case on the basis that the matter is already before Cas. whose outcome will be crucial in the holding of board elections on January 25.
The holding of the elections on the day faces three challenges which include one before the Court of Arbitration for Sport (Cas) applied by Benjani Mwaruwari and Gift Banda as well as another High Court case filed by Temba Mliswa.
The aggrieved failed Zifa's eligibility test and are contesting that decision.
The matter will be heard this morning before High Court Judge Justice Chitapi and Zifa are hoping that they can win the case on the basis that the matter is already before Cas.
"Zifa responded with utmost urgency and we have since done so through our external counsel because we cannot do so ourselves since we are actors in the election," the Normalisation Committee, which is also the electoral committee, said in a statement yesterday.
"The matter has been set for Tuesday 9am before Justice Chitapi and we have provided our arguments on the merits of the matter.
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"The main issue at law is that this case is already before another competent court which is Cas at First Instance and that Court [Cas] should be allowed to complete its proceedings," said the Zifa electoral committee.
Farai Jere, Magaya, Mliswa and Mwaruwari were all barred from contesting the Zifa presidency.
Jere accepted his fate but the other three are taking the fight to Zifa.
Six candidates passed the eligibility test and they include, Twine Phiri, Marshall Gore, Philemon Machana, Nqobile Magwizi, Makwinji Soma Phiri and Martin Kweza.
Zifa last week expressed disappointment at learning of the High Court challenges by Magaya and Mliswa, but expressed confidence the elections will go ahead as scheduled.
“The Zifa Normalisation Committee, acting in its capacity 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.
The Zifa electoral committee wishes to clarify that 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 rather raises substantive issues that should have been directed to the Court of Arbitration for Sport, as stipulated by the Zifa statutes.
“In contrast, we commend both Benjani Mwaruwari and Gift Banda for their adherence to the established processes. Their decision to challenge their ineligibility at Cas demonstrates a commitment to upholding the Zifa statutes. We remain co-operative and committed to ensuring a transparent process and pledge to respect the Cas verdict when it is issued.
As it stands, the Zifa elections will proceed as scheduled. The electoral committee is fully committed to conducting the elections in a fair, transparent and orderly manner."
Magaya might have chosen the High Court route because the Cas process is long which is likely to be concluded after the election has been conducted.
However, both Zifa and Fifa do not condone the taking of football matters to public courts.