SRC say Mamutse remains suspended

Eddie Chikamhi Senior Sports Reporter

BELEAGUERED ZIFA chief executive officer Joseph Mamutse remains suspended despite claims from the association the sanctions were set aside following the noting of an appeal.

Mamutse caused a stir this week when he travelled to Egypt to attend the CAF Extraordinary Assembly held in Cairo yesterday, in what can be interpreted as blatant defiance, to the Sports Commission.

It’s now likely that he could face more sanctions for his decision to defy the SRC sanctions, and travel to the Egyptian capital without clearance from the sports regulator.

Analysts yesterday said the suspended ZIFA bosses, who are fighting the sanctions imposed on them, might have shot themselves in the foot, by travelling to Cairo.

“These are the same people who told FIFA that they should postpone the referees course, because everyone who runs football in Zimbabwe had been suspended, and everything had come to a halt,’’ said one the analysts, who chose not to be identified.

“That must have drawn the sympathy of FIFA because it led to the cancellation, or postponing, of the referees course, while our colleagues in Zambia held their own courses.

“Now, how do you balance appealing to ZIFA that you have been suspended, and all football activities have come to a halt, when you are attending the CAF EGM, in your capacity as the ZIFA president and chief executive?

“When you consider that FIFA president, Gianni Infantino, was also in Cairo for the EGM, how then do you tell him that you have been crippled, by suspension, when you are able to attend such a high-profile meeting, and even vote during the process?

“What have you been suspended from, if you are still representing the association at such international meetings, and receiving allowances for doing so?

“It might have presented Kamambo with a chance to talk to the FIFA and CAF leaders but this looks like an own goal and you can see the guys at the Kenya Football Federation, they didn’t make that trip, and they have shown FIFA that, indeed, something has happened in their country.’’

Mamutse was suspended, together with the Sports Commission director-general Prince Mupazviriho, last year.

The SRC said this was meant to pave way for an inquiry into how a number of national football teams were being clandestinely cleared, for international assignments, without satisfying the national Covid-19 regulations.

The suspended ZIFA chief also has to answer questions over the embarrassing disqualification of the Young Warriors, from the Under-17 COSAFA tournament in South Africa, on age-cheating allegations.

ZIFA claim they have appealed against the suspension, and have approached the Administrative Court, to challenge Mamutse’s suspension by the Sports Commission.

But, it has emerged that ZIFA did not appeal to the SRC decision, for the decision to be set aside. “ZIFA did not appeal the SRC decision to suspend Mamutse,’’ an SRC board member, who chose not to be named, told The Herald yesterday.

“In fact, it’s not legally possible to appeal such a decision.  “The remedy is to apply for a review of the decision in the Administrative Court. There is a difference between appealing against a decision and seeking a review of a decision.

“The filing of an application for review does not suspend the decision of the SRC.

“If ZIFA had wanted to have that decision suspended they should have filed an application in the court to have it suspended pending the outcome of the review proceedings.

“They did not do so. ZIFA ‘s lawyer should not be misleading the public on basic principles of legal procedure. Any lawyer will confirm the foregoing. Mamutse remains suspended.’’

The suspended ZIFA chief is reported to have been clandestinely reporting for duty at the association’s headquarters, in the past year.

However, when it came to official communication, from ZIFA, the association were using an acting chief executive.

Why they were using an acting chief executive, if they believed Mamutse’s suspension had been set aside, seemingly exposes ZIFA.

Their legal advisor, Chenaimoyo Gumiro, told The Herald this week Mamutse was legally entitled to return to work.

“The issue of Mamutse was thrashed out with the SRC long back. We noted an appeal against the decision, of which we are entitled to at law,’’ he said.

“What then this means is that after noting an appeal, the decision being appealed against, is automatically set aside until a final determination is made. Under the labour laws there is nothing that should stop Mamutse from conducting operations.

“We even wrote to the SRC when the appeal was made and they are aware of it.

“The labour law is quite clear on this matter but the SRC Act is silent, so we go with the labour law.’’ ZIFA, though, have not made public the judgment they got from the Administrative Court, when they approached it, regarding Mamutse’s suspension.

The association have fallen foul of the Sports Commission on governance, and transparency issues.

The ZIFA board was suspended two weeks ago, and an interim executive is expected to be announced, to fill the leadership vacuum.

The ZIFA board faces a number of charges, among them financial mismanagement, and lack of accountability, and a failure to address gender imbalances, relating to the treatment of female national teams.

 

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