THE cases of Walter Magaya and Temba Mliswa seeking postponement of Zifa elections will now be heard by Justice Tawanda Chitapi after Jutice Ngoni Nduna, in Bulawayo, referred the latter's case to Harare.
Mliswa’s case was set to be heard in Bulawayo yesterday, but Justice Ngoni decided that it be moved to Harare to avoid conflicting judgments.
His lawyer Musindo Hungwe of MD Hungwe Attorneys updated the media after the brief appearance at the Bulawayo High Court.
After the short court appearance, Hungwe said they now wait for the case to be given a date.
“We made an appearance before Honourable Nduna this morning (yesterday) in anticipation of arguing our case,” he said.
“On arrival, the judge indicated that on consideration of the fact that there is a matter that is similar in substance in as far as it relates to seeking a stay or a moratorium on the proposed Zifa elections on January 25, which is pending before another judge in the High Court of Harare, that is Honourabale Justice Chitapi.”
Added Hungwe: “He was of the view that both matters ought to be determined and presided over by the same judge to avoid a scenario of the possibility of two conflicting judgments emanating from the same court.
“So he has effectively transferred this record to Harare to be placed before Honourable Justice Chitapi and we anticipate that we should be getting an update to the set down of that matter before Honourable Chitapi in a very short space of time.”
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Magaya’s case is scheduled to be heard by Justice Chitapi at the Harare High Court today.
Both Mliswa and Magaya failed the integrity test to contest the elections and the latter has taken his case to the Court of Arbitration for Sport (CAS) challenging the demand for an Ordinary Level certificate to participate in the upcoming election.
The man of cloth is seeking reprieve from the High Court to suspend the January 25 elections until his case is heard by the CAS.
Justice Chitapi ruled that the matter was urgent and it was set down for hearing today.
Magaya’s argument at the CAS is that he presented to the Zifa Normalisation Committee qualifications that supersede the five Ordinary Levels requirement and he should be allowed to contest the Zifa presidency elections.
Former Zifa interim president and ex-vice president Gift Banda and former Warriors skipper Benjani Mwaruwari, who were also barred from taking part in the elections, have also taken their cases to the CAS, putting a damper on the election date.
Outgoing Premier Soccer League (PSL) chairman Farai Jere failed the integrity test and accepted the outcome, saying at the end of the day, football should be the winner.
Candidates that sailed past the vetting process are businessman Nqobile Magwizi, former PSL chairman and ex-Caps United owner Twine Phiri, former Zifa board member Philemon Machana, Zifa Northern Region chairman Martin Kweza, former player Makwinji Soma-Phiri and Marshal Gore.
