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Guthrie Zhokinyi

Eddie Chikamhi Sports Reporter
HARARE giants Dynamos have been ordered by the Labour Court to pay their former captain Guthrie Zhokinyi over US$3 000 in outstanding sign-on fees and other entitlements up to the period he was banned from football for his alleged involvement in the Asiagate match-fixing scandal.

The Harare giants could be made to fork out US$7 000 more depending on the outcome of another hearing for the remainder of Zhokinyi’s contract which is supposed to expire in December this year.

Zhokinyi signed a three-year contract in 2012, but was paid only part of his sign-on fees with the balance to be settled in instalments.

However, the defender was handed a life ban later that year, alongside 14 other professionals, following the conclusion of an inquiry into match-fixing allegations by Zifa. Dynamos, represented by their committee member Simon Sachiti, argued they could not continue paying the player since they had received an instruction from Zifa to stop fielding him.

Nonetheless the world football governing body Fifa have refused to endorse the sanctions and give them a world-wide effect. Footballer’s Union of Zimbabwe secretary-general Paul Gundani yesterday confirmed that DeMbare were ordered by the Labour Court to pay the sign-on fees and would soon be filing another case in the same court to push for the payment of the salaries for the period that Zhokinyi has been suspended up until the end of the contract in December.

The Harare giants were instructed by Zifa to stop engaging the player after the enquiry into the Asiagate hearing found him guilty but Gundani told The Herald that DeMbare did not follow the correct procedure and should honour their contractual obligations.

“They have agreed to pay him for his leave days up to the time of his ban, which amounts to around US$300 and his sign-on fees up to October 2012 which is US$3 000. Dynamos were also supposed to pay US$7 000 in 2013 but this amount can now only be paid pending the outcome of the judgment. We are going to check with the courts next Monday to establish who is going to handle the case and to get the dates.

“We will also challenge if there were any increments that the other players got because he is also entitled to them. As it stands, Dynamos owe Guthrie until the end of December when his contract expires.

“The court said they flouted the law because they didn’t set up a proper hearing, issuing the player with a charge sheet stating his offence and also giving him the right to legal representation. In short what they did was illegal.

“A club cannot just wake up and say to the player we have terminated your contract. It doesn’t always mean that when a player is banned by the association from taking part in football activities then he is also automatically out of contract with the club.

“They should have set up a platform and give the player a trial and then reach a mutual agreement to terminate the contract, something which they didn’t do. It’s now up to the club to fight Zifa,” said Gundani. However Dynamos chairman Kenny Mubaiwa yesterday sounded taken aback by the ruling.

“Personally I haven’t received communication to that effect but it’s shocking that the courts should deliver such a ruling directed at the club when the player was not available to us. We didn’t stop Guthrie from playing football. They can say that now, what if we had continued playing him? We will see if we can find the way forward,” said Mubaiwa.

FUZ are also this week expected to file papers at the arbitration court this week to force fellow Harare giants CAPS United to settle outstanding payments to former goalkeeper Edmore Sibanda who was also banned for life when the Asiagate rulings were delivered.

Gundani said FUZ were fighting unfair dismissals as a labour organisation safeguarding the interests of both the players and the clubs.

“What people have to understand is that when we registered with the labour laws of Zimbabwe at the formation of this organisation we created a football industry, which is there to safeguard the interests of both the players and the clubs.

“Even the Fifa regulations say when we are dealing with labour issues we must act in line with the labour laws of the country.

“We deal with the clubs and not Zifa in this case because a football contract has two parts which must be understood differently. The first part has to do with playing and regulations as implemented by Zifa and the other one is to do with the club as the employer and is governed by the labour laws of Zimbabwe. Now the club has the duty to approach Zifa over the matter.” Over 100 players and officials were affected by the Asiagate scandal which took place between 2009 and 2011. Fifa however, have refused to give a global effect on the sanctions imposed by Zifa and Gundani said they are hoping to meet with the association’s chief executive Jonathan Mashingaidze this week to find an amicable way forward on the long-dragging saga.

“Our strategy has always been that of engagement. We are keen to talk to Zifa about the issue of the players since Fifa have declined to approve the findings of the Asiagate investigations conducted by the association.

“Our thinking is that we have to meet with the chief executive Mashingaidze and come out with our own solution that will be satisfactory to all the parties. If they (Zifa) have their fears then they will use the platform. The second option that we have is to ask Zifa to engage Fifa again so that the players will not be denied the opportunity to play football.

“As it stands, it’s not acceptable that the players should not be allowed to play football, which is their source of livelihood, when Fifa have not endorsed the bans,” said Gundani.