By A Correspondent | ZimEye | Harare – High Court Judge Justice Tawanda Chitapi has reserved his ruling until Thursday in a case where Yadah Stars founder Walter Magaya is contesting his disqualification from running for the Zimbabwe Football Association (ZIFA) presidency.
Magaya, represented by top lawyer Thabani (Fulcrum) Mpofu, is challenging ZIFA’s decision to bar him from the race, arguing that his qualifications meet the constitutional requirements.
Addressing the court, Mpofu said, “What brings us to court is a simple and very straightforward issue. The requirement set out in the ZIFA constitution is clear: it requires an O-Level or an equivalent qualification. If a qualification issued by a university is even better than O-Level, then this application ought to succeed.”
Mpofu criticized ZIFA for failing to justify the disqualification, accusing the football body of not providing evidence that Magaya’s submitted documents were insufficient. He emphasized that ZIFA’s Electoral Code establishes a minimum qualification threshold and allows candidates time to correct documentation issues.
“The respondents have not given reasons to suggest that the documents they received do not amount to a qualification,” Mpofu submitted. “The Electoral Code allows candidates to address such issues within a given timeframe. Magaya’s failure to produce an O-Level certificate initially does not mean he doesn’t have one.”
On the other hand, ZIFA’s legal representative, Lovemore Madhuku, dismissed the application as baseless and argued that the court lacked jurisdiction over ZIFA’s internal decisions.
“This application is not properly before the court,” Madhuku asserted. “ZIFA is a private, non-profit organization, not an administrative authority. The law is clear that only decisions of administrative authorities can be reviewed by this court. There is no legal basis for this case.”
Madhuku further argued that ZIFA operates as a private entity, and its electoral decisions should not be subject to judicial review. He urged the court to dismiss the application outright.
Justice Chitapi, after hearing arguments from both parties, reserved judgment for Thursday, leaving the fate of Magaya’s presidential ambitions in suspense. The decision is likely to have significant implications for ZIFA’s governance and the broader landscape of sports administration in Zimbabwe.
Stay tuned for updates as this pivotal case unfolds.