ZIFA presidential aspirant Walter Magaya has challenged the demand for an O’ Level certificate for candidates bidding to contest for the association’s president and vice- president positions at the Court of Arbitration for Sport (Cas).
Magaya admits that he did not submit an O’ Level certificate but argues that he deposited superior qualifications to the electoral committee.
He was barred from contesting the January 25 Zifa elections on the basis that he did not submit an O’ Level certificate.
The cleric has also approached the High Court seeking suspension of elections until his matter has been resolved with Cas.
He was at the courts yesterday with his legal team and High Court judge Justice Tawanda Chitapi said the matter was urgent and will be heard on Friday.
The elections face many hurdles as Temba Mliswa, who was also barred from contesting, also took Zifa to court to stop the elections and his matter will be heard tomorrow after it too was deemed urgent.
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At Cas, Magaya wants the decision to bar him be set aside and that a tribunal be set up to consider his appeal.
“In the present appeal, appellant is requesting the Court of Arbitration for Sport to appoint a tribunal to determine an appeal against the decision of the Zimbabwe Football Association as represented by the first respondent (Lincoln Mutasa) to disqualify the appellant from the ongoing elections for the president of Zifa,” Magaya statement of appeal read.
“It was concluded that the appellant did not meet the necessary criteria to proceed as a candidate, specifically due to the non-submission of his Ordinary Level certificates.”
Magaya contends that the electoral committee failed in its interpretation of the “minimum of five O’ Level or equivalent”.
“While it is admitted that the appellant did not submit proof that he has the minimum 5 O’ Level passes, appellant contends that an interpretation that a candidate for the position of president must produce an O’ Level certificate even if they hold superior qualification is flawed, unduly restrictive and grossly irregular in its defiance of logic such that no decision maker, properly applying his mind, would come to such a conclusion. Alternatively, it is argued that the provision is discriminatory and is/was deliberately set to exclude administrators and former players from the administration of the game.”
The Yadah FC founder says with a marketing certificate, marketing diploma and a theology diploma, he is was above the minimum requirements.
“The appellant seeks a determination that a proper and purposive interpretation of the statutes supports the view that his qualifications, which include a higher certificate in Marketing, a national diploma in Marketing, and a higher certificate in Theology (Cum laude), are not equivalent but are better that a mere five O’ Levels. They exceed the O’ Level certificate requirement and must be accepted for purposes of contesting the Zifa presidency.”
Magaya is pleading for; “A decision allowing the appeal by the appellant. The decision of the Zifa Normalisation Committee disqualifying the appellant as a candidate for the Zimbabwe Football Association executive election for non-submission of Ordinary Level certificates be set aside. That the first and second respondents (Mutasa and Zifa normalisation committee) jointly pay the full costs of the tribunal and that of the appellant.”
Yesterday, the normalisation committee’s bid to have the elections under the current circumstances suffered a blow as the High Court said that both Magaya and Mliswa’s cases were urgent.
Justice Chitapi agreed that the matter was urgent when parties met for case management.
The matter will be heard just a week before the elections on January 25.
Tavonga Makamure of Rubaya and Chatambudza Legal Practitioners, representing Magaya, is confident their client has got a strong case before the High Court.
“We think we have a very good case because our client has done so much in football and we just want him to get a chance to contest,” Makamure said.
“Our understanding is that our client’s name should be on the list even though they might have to mention that he is subject to hearing. Our client is not to be disqualified illegally.”
“Our client should be given a chance to contest. However, there is an issue that the elections should be held on the 25th of this month before the elections so we met to push for a quick hearing because this is a matter of public interest and a national matter, so we managed to push for the matter to be heard this Friday.”
Magaya, Mliswa, Farai Jere and Benjani Mwaruwari were all barred from contesting by the electoral committee.
Mwaruwari also took his case to Cas.
Martin Kweza, Twine Phiri, Marshall Gore, Philemon Machana, Nqobile Magwizi and Makwinji Soma Phiri all got the nod and are busy campaigning.