HARARE – Yadah FC owner Prophet Walter Magaya has written to the Court of Arbitration for Sport (CAS) challenging ZIFA’s new constitutional amendment that requires all individuals seeking to contest for president and vice president posts to be holders of five ‘O’ levels or equivalent.
Magaya who did not submit the required educational qualification, did not pass the eligibility test and was disqualified from contesting in the January 25 election.
Reports also suggest he was disqualified due to pending court cases and a conviction following his Aguma scandal.
In 2019 a court convicted Magaya of fraud and fined him $700 (£540) for falsely claiming he had a herbal cure for HIV and Aids.
However, the football enthusiast argues that his qualifications that include higher certificate in Marketing, a national diploma in Marketing, and a higher certificate in Theology (Cum laude), are more than equivalent five ‘O’ levels.
Consequently, Magaya strongly believes he must be allowed to contest.
“The appellant seeks a determination that a proper and purposive interpretation of the statutes supports the view that his qualifications, which include a higher certificate in Marketing, a national diploma in Marketing, and a higher certificate in Theology (Cum laude), are not equivalent but are better that a mere five O’ Levels.
“They exceed the ‘O’ Level certificate requirement and must be accepted for purposes of contesting the Zifa presidency,” through his lawyers of Rubaya and Chatambudza Legal Practitioners, the cleric wrote to CAS.
Furthermore, they said: “While it is admitted that the appellant did not submit proof that he has the minimum 5 ‘O’ Level passes, appellant contends that an interpretation that a candidate for the position of president must produce an ‘O’ Level certificate even if they hold superior qualification is flawed, unduly restrictive and grossly irregular in its defiance of logic such that no decision maker, properly applying his mind, would come to such a conclusion.
“Alternatively, it is argued that the provision is discriminatory and is/was deliberately set to exclude administrators and former players from the administration of the game.”
The former Zimbabwe national teams benefactor is pleading for; “A decision allowing the appeal by the appellant.
“The decision of the Zifa Normalisation Committee disqualifying the appellant as a candidate for the Zimbabwe Football Association executive election for non-submission of Ordinary Level certificates be set aside.
“That the first and second respondents (Mutasa and Zifa normalisation committee) jointly pay the full costs of the tribunal and that of the appellant.”
On Tuesday, Magaya was at the High Court where he is seeking to stop the upcoming ZIFA Executive Elections citing his disqualification as null and void.
The matter was deferred to Friday by High Court Judge, Justice Tawanda Chitapi who ruled that the application deserves to be treated as an urgent matter.
Nehanda Radio
