As contestant Phillip Chiyangwa blows thousands of dollars celebrating his Presidential election manifesto (Saturday), the ZIFA elections have hit a snag. [ALSO READ – Chiyangwa Latest – To Hell With You All!]
The Zifa board elections set for next month have been thrown into disarray after journalist, Hope Chizuzu on Wednesday made an urgent High Court application to interdict the holding of the polls.
The elections to replace the Cuthbert Dube-led board, whose mandate was revoked by disgruntled councillors on October 3, are set for December 5.
Chizuzu is challenging the legality of the Zifa electoral committee saying its composition is ultra vires (beyond the powers of) the Zifa constitution.
Zifa chief executive officer Jonathan Mashingaidze said yesterday their legal team was preparing a response.
He, however, said that they were not worried about the court application as Chizuzu had no locus standi (legal standing) in the elections.
“To start with, Chizuzu is banned by Zifa, he is not a member of the association and he is neither participating or has ever taken part in the electoral process,” Mashingaidze said.
“Therefore, we find the application misplaced, but we have sent the papers to our legal team, who are preparing a response. We remain confident that the electoral process will go ahead as planned.”
Chizuzu’s arguments are contained in a letter he wrote to Zifa last Friday, where he sought the shelving of the elections until his queries were dealt with.
“Article 3 of the code clearly states that only members of Zifa shall constitute the electoral committee. Article 10 of the constitution itself does describe who the members of the Zifa are. These are fully admitted affiliates of Zifa as listed therein,” reads part of the letter.
“It cannot be said with any seriousness that the committee of Messers Tendai Madzorera, retired Labour Court Judge Honourable Sello Nare, Musekiwa Mbanje, TK Hove, Tichawana Nyahuma, Ralph Maganga and Madam Elizabeth Banda are members of Zifa as defined by the constitution and were installed by the Zifa congress.
“This is more so when one reads article 3(3) together with article 5 (6). Even assuming the congress did indeed install them such an installation would be wrong and unconstitutional as that power is not there in the governing documents.
“I make that point Elizabeth Banda, being an employee of government, is prohibited by the code from being a member of the committee and Messers Masunda and Bwanya have been in that committee for more than two terms, which is against the code, which limits the term of the committee or any member therefore to two terms.
“I’m afraid that the process is susceptible to legal challenge by any losing candidate and should that happen, we would have wasted time and resources on an exercise that we knew to be illegal.
“The whole process is, therefore, tainted with illegality and should be stopped forthwith.”
The electoral committee has already cleared Leslie Gwindi, Philip Chiyangwa, Trevor Carelse Juul and James Takavada to stand for the presidential election.
Omega Sibanda and Lincoln Mutasa, are running for the vice-presidency, while 10 other candidates vying for the board member positions.(Newsday/Additional Reporting).