YADAH owner Walter Magaya has lost his bid to become Zifa president after the High Court upheld a decision by the football association to bar him from contesting the post in tomorrow’s election because he failed to produce an O Level certificate with at least five subjects passed.
Magaya’s case, where he sought the court to overrule Zifa’s decision, was dismissed because the cleric failed to produce the certificate or evidence that he has got one and that he failed to prove that the diplomas he holds are an equivalent of the O Level certificate.
He holds a diploma in Marketing as well as a Higher National Diploma in the same field.
High Court judge Justice Tawanda Chitapi ruled that even if he held a superior qualification, he still needed to provide an O Level certificate.
“If he had provided his O Level certificate, the court would have changed the decision by Zifa,” Justice Chitapi noted in his ruling.
“It is my view that it is not clear whether the applicant holds any O Level certificate. He didn’t provide evidence that his diplomas are equivalent to an O Level certificate. The issue cannot just be resolved by prayer.
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“The applicant should be open and say these are the documents I would produce had I been granted the seven days’ notice. The fact that one has a diploma, one must produce O Level certificate even if he holds a PhD certificate.
“The fact that one holds a degree which is a higher qualification does not absolve the applicant from producing an O Level certificate.”
He said in barring Magaya on the basis of not having an O Level certificate, it was a reasonable decision by Zifa.
“There was nothing unreasonable with the Zifa decision. Accordingly, the challenge by the applicant cannot succeed,” Justice Chitapi ruled.
Magaya’s lawyer Thabani Mpofu had argued that since his client held a superior qualification which he submitted to Zifa, he had met all requirements and should not have been disqualified.
The elections faced uncertainty due to this court case, but now they can proceed tomorrow.
Magaya failed to pass through the vetting stage together with Temba Mliswa, who also launched a court bid, but withdrew after realising he was hitting the brickwall.
Farai Jere and Benjani Mwaruwari were also banished from contesting over the same O Level certificate issue.
Magaya and Mwaruwari have appealed to the Court of Arbitration for Sport and their cases are yet to be determined.
In tomorrow’s election, Philemon Machana, Martin Kweza, Nqobile Magwizi, Twine Phiri, Marshall Gore and Makwinji Soma-Phiri are contesting for the post of president.
There are two posts of vice-president up for grabs as well as six ordinary executive committee member posts.
Seventy-eight councillors converge in Harare to vote for the new board that will take over from the Lincoln Mutasa-led normalisation committee.