Zimbabwe News and Internet Radio

High Court throws out Mandaza case

By Sikhumbuzo Moyo

A High Court Judge has thrown out, with costs, an appeal by losing 2018 ZIFA Southern Region chairmanship candidate Musa Mandaza.

Musa Mandaza
Musa Mandaza

Justice Martin Makonese described the application as fatally defective and ill-conceived.

Mandaza was resoundingly beaten by challenger, former Highlanders secretary-general Andrew Tapela, who polled 20 votes while the incumbent polled seven.

Mandaza approached the ZIFA Appeals Committee to have the results set aside, citing a breach of the constitution.

According to the appeal papers, Mandaza said in terms of Clause 10 of the ZIFA constitution, only delegates representing a member club in the Southern Region votes at a rate of one delegate per club.

He alleged the electoral committee allowed non-delegates from a certain club to vote.

However, he never had his day before the Appeals Committee as his case was thrown out before it could be heard after he failed to pay a $3 000 appeal fee.

He sought recourse at the Bulawayo High Court where he filed his papers under case number HC/3253/18, through his legal representative, Herbert Shenje of Shenje and Company.

He cited the ZIFA Electoral Committee, ZIFA and Tapela as the first, second and third respondents.

Other members of the then newly-elected Southern Region executive committee, Fiso Siziba, Bryton Malandule, Tizirai Luphahla, Mehluli Thebe were also cited as respondents.

It was Mandaza’s contention that a fresh election to be conducted within 30 days of the granting of the order.

The ZIFA Electoral Committee and the association, through their lawyer Byron Sengweni of Sengweni Legal Practitioners, opposed the application.

“The first respondent is not a juristic person with powers to sue or to be sued,’’ the lawyers said.

“There is therefore no legal basis upon which first respondent could be cited and sued in the proceedings.’’

“Applicant may not, therefore, seek to set aside the election of the rest of the respondents against whom he did not contest.

In any event, the election results of respondents four to seven have not been challenged.

“The applicant clearly has no locus standi in judicio to contest the results in respect of respondents four to seven.”

Justice Makonese concurred.

“I am satisfied that the application is fatally defective in that the applicant sued a non-existent juristic entity,’’ read the judgment.

“In effect, there is no application before the court. The fourth to seventh respondents were wrongly cited.

“There were not contestants in the election for the position of chairperson. They have no interest in the matter.

“The order seeking to nullify the entire elections for the Southern Region is ill-conceived.

“It is, therefore, not necessary to proceed to deal with the merits. In the result, and for the aforegoing reasons, the application is dismissed with costs.’’

Meanwhile, it’s D-Day for Herentals when they appear before the ZIFA Appeals Committee today challenging their expulsion from the domestic Premiership.

The case had initially been scheduled to be heard two weeks ago but, the PSL disciplinary committee, which expelled Herentals from the top-flight league for allegedly taking football matters to the ordinary courts, excused themselves.

“I can confirm that, after several considerations, the ZIFA Appeals Committee has set the date in which it will hear the Herentals case on Friday (today),” said ZIFA Appeals Committee boss, Stead Kachere. The Herald