THE case in which Premiership side Herentals are challenging the verdict to find them guilty of match-fixing, which was supposed to be heard yesterday, has been postponed to February 18.

The Zifa Appeals Committee, which is now handling the issue, agreed to move the case after both parties had indicated they needed more time.

Herentals were docked three points by the PSL DC after for allegedly attempting to manipulate their league match against Black Rhinos on October 19 last year.

The Students won that match 3-0 with Blessing Majarira scoring a hattrick.
The result helped the Harare side avoid relegation.

Oliver Chirenga, who the PSL DC named as the Herentals manager though the team refutes he works for them, was also slapped with a 10-year ban from all football activities and handed a $20 000 fine.

Black Rhinos manager, Gift Kamuriwo, who allegedly received a US$600 bribe, was also banned for three years from football.
But, Herentals argue there were a lot of flaws with the ruling, which found them guilty of match-fixing.

They say the ruling was invalid judgment as it was signed by only two of the three PSL disciplinary committee members, with one of them even signing it twice.

The Harare club’s defence outline, which was obtained by this newspaper, showed they will argue that:
– The purported judgment of the PSL Disciplinary Committee is incompetent and invalid by reason of having been signed by only two out of the three members who sat as the PSL Disciplinary Committee, with the Chairperson purportedly signing the judgment twice.

– The fatal irregularity on the signatures raises doubt as to whether the judgment was arrived at by the full PSL Disciplinary Committee.

– The PSL Disciplinary Committee grossly erred at law thereby vitiating its judgment by failing to pronounce its judgment and sentence at the end of the sitting as stipulated in the mandatory provisions of Order 34.5 of the PSL Rules and Regulations. The fatal non-compliance with Order 34.5 opened the decision-making process of the PSL Disciplinary Committee to possible manipulation and interference to the prejudice of the Appellant.

– The PSL Disciplinary Committee grossly erred at law thereby vitiating its judgment by failing to hand down the written judgment within the three days’ time after the hearing of the 26th of November 2019 and, thereafter, to forthwith hand over the judgment to the PSL chief executive officer as stipulated in the mandatory provisions of Order 34.7 of the PSL Rules and Regulations. The written judgment was purportedly written on the 8th of January 2020 and only released on the 22nd of January 2020, which constitutes a fatal non-compliance with Order 34.7 of the PSL Rules and Regulations, rendering the purported judgment null and void.

– The Disciplinary Committee further erred by disregarding the evidence of the 2nd Appellant who was simply a football supporter and could not have the criminal capacity to perpetrate the offence as laid in the charge sheet.
– The findings of the Disciplinary Committee were not reasonable on the evidence and on the law.

– There was an unconstitutional misrepresentation to the Appellants herein before the hearing by the Premier Soccer League chief executive officer that they could not be represented by legal practitioners. This points to malice on the part of the Premier Soccer League as well.

• The disciplinary committee misdirected itself by passing a heavy penalty which unfairly overrides the justifiable mitigatory factors which were presented, rightly so by the appellants.

Herentals, who could be relegated from the Premiership, in the event their appeal fails, were also fined $300 000.

In the event the Students are relegated, Chapungu — where former Zimbabwe captain Moses Chunga started work as head coach on Monday — will take their place in the top-flight league.

Herentals are being represented by their lawyers, Chimwamurombe Legal Practice.

Chunga this week returned to coaching a football team when he conducted training session in Gweru with former Premiership side Chapungu. The football legend signed a three-year contract with his new employers.-State media