Fifa demand more info from Zifa on Asiagate bans

By Petros Kausiyo

Fifa have requested Zifa to furnish them with more details regarding the process that led them to slap life bans on 15 individuals before the world football governing body can endorse the sanctions to take effect around the world.

Zifa banned 15 individuals the association claims were the masterminds of Asiagate and requested Fifa to extend the suspension to take a global effect. The entrance of Fifa into the case is a major development that could bring closure to the match-fixing scandal.

The world football governing body have also directed that all individuals, wishing to appeal against the bans imposed on them by Zifa, should exhaust all domestic channels before seeking recourse with Fifa.

Some of the banished players and officials had also sought recourse from Fifa over the punishment meted out to them.

Fifa also expressed gratitude to Zifa for undertaking an exercise to investigate allegations of match-fixing and gave the association three major conditions they would want them to satisfy in line with the Fifa disciplinary code.

Fifa director of legal affairs Marco Villiger and the world body’s head of disciplinary and governance Marc Cavaliero yesterday wrote to Zifa chief executive Jonathan Mashingaidze over the appeals they had received and on the request by the association to have a global effect implemented on the bans.

Villiger, while noting the actions taken by Zifa, said Fifa would need to satisfy themselves that all the grey areas on the execution of the sanctions are addressed before they impose a worldwide effect on the bans.

“First and foremost we would like to express that we are most grateful of the actions taken at national level and the level of the importance you are giving to this very important issue which indeed constitutes a considerable nuisance, against which involvement of all stakeholders is needed.

“Having said that and for the sake of clarity and avoidance of doubt we would like to ask you to inform us by return which authority rendered the decision(s) to sanction the players and officials you mention in your correspondence and to provide us by the same deadline with the aforementioned decision(s).

“Furthermore with regards to your request for global bans against individuals convicted of match-fixing and illegal betting involving Zimbabwe’s national teams and in order for us to be in a position to immediately extend the pertinent decisions to have worldwide effect according to Art. 136 of the FDC, we kindly ask you to provide us with the information related to the conditions established in Art. 137 of the FDC,” the Fifa legal and disciplinary experts said.

Villiger and Cavaliero said it was important that all individuals implicated or punished over Asiagate should first exhaust the disciplinary channels laid out by Zifa before approaching Fifa or recourse.

The Fifa duo revealed that they had received correspondence from some of the banned individuals on October 21 but had re-directed the appellants to first exhaust the avenues laid out in the Zifa structures such as the disciplinary committee, the appeals committee and the court of arbitration.

In line with sections of the Fifa Disciplinary Code, the world body asked Zifa to provide information that shows that:

The person sanctioned has been cited properly

He has had the opportunity to state his case

The decision has been communicated properly (along with any documentary evidence establishing the foregoing)

Fifa also gave their views on the issue of appealing against the Zifa convictions. “We refer to the captioned matter (appeal by players and officials convicted of match fixing and illegal betting) and to your correspondence dated 21 October 201, the content of which was duly noted.

“In this regard we would like to first and foremost inform you that the appeal procedure concerning a decision taken by your association would appear to be an internal issue and consequently it would be for Zifa to establish what body is competent to deal with possible appeals against the decisions passed by the body you are referring to in your aforementioned correspondence. Notwithstanding the above and from the documentation currently in your possession, it would appear that the judicial bodies of Zifa according to Art. 51 of the Zifa constitution (statutes) are the disciplinary committee, the appeals committee and the court of arbitration, that shall hear appeals against decisions of the disciplinary committee that are not declared final (cf. art. 53.3 of the Zifa statutes) and that the relevant proceedings shall be governed by the Zifa disciplinary code (cf. art 52.2 and 53.2 of the Zifa statutes).

“Finally we would like to point out that the foregoing is of a purely informative nature and therefore without prejudice whatsoever. We thank you for taking note and trust this has been of assistance,” wrote Villiger and Cavaliero.

Former Warriors skipper Method Mwanjali, Dynamos centreback Guthrie Zhokinyi and player agent Kudzi Shaba have already indicated to Zifa that they will be appealing against the life bans handed to them last week.

Zifa had yesterday also been expected to release the names of those who have been handed 10-year and five-year bans but a board meeting that would precede the release of the names has now been moved to Wednesday.

Mashingaidze said the board meeting had been moved because of a potential lack of quorum after the majority of the board members indicated that they would not be available this weekend due to varying commitments including family bereavements for two of them.

But Zifa vice-president Ndumiso Gumede, mandated by to be the board’s spokesman on the Asiagate issue, welcomed the Fifa response but hinted that his association could seek the assistance of the Sport and Recreation Commission in setting up an Independent Appeals Committee to specifically deal with all the appeals against the sentences.

“Our predicament is that our regular appeal committee might have challenges in that some of its members like Tererai Gunje sat on the Ethics Committee and others are deemed too close to us in that they work with our lawyer Maganga (Ralph). So at the moment it is my opinion which I will sell to other board members on Wednesday that perhaps for us to have an appeals committee that would not appear to be compromised we would have to ask the SRC director-general (Charles Nhema-chena) to second people who sit on that Asiagate appeals committee.

“As for the local Court of Arbitration we will use the one that includes people like Muchadeyi Masunda,” Gumede said. The Herald