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Sikhumbuzo Moyo in BULAWAYO

ZIFA filed a defective executive committee resolution, empowering the association to apply for condonation, on their on-going battle with vice-president Gift Banda.

The attached resolution was during the Phillip Chiyangwa-era in 2017 when the board resolved to apply for condonation on their case with the Sheriff of the High Court on the attachment of ZIFA property.

The gaffe forced ZIFA to withdraw their application.

“We refer to the above, we advise that we erroneously attached the wrong Annexure A to the application for condonation,’’ reads the withdrawal notice from the ZIFA lawyers Ngarava, Moyo and Chikono.

“We, accordingly, withdraw the application filed on the 8th instant as per the notice of withdrawal hereto attached.

“Be pleased to take notice that the applicant withdraws this matter and tender the wasted costs.

“We apologise for the inconvenience caused.”

The association then attached another executive committee resolution but Banda’s legal team are dismissing it as a legal nullity, because their client was not in attendance at the so-called meeting.

“They initially filed an application for condonation and we told them the objections, especially that the resolutions which they had attached, were from the Chiyangwa-era, authorising Mamutse (chief executive, Joseph) to represent ZIFA in a Sheriff matter,’’ said Munyaradzi Nzarayapenga of  Dube, Banda, Nzarayapenga and Partners, who are representing Banda.

“So, Chemunyoro Gumiro (ZIFA lawyer) tried to argue otherwise until I read it out to him. He then said he did not think the matter will continue.

“They withdrew and replaced that with another resolution dated June 6, which resolution did not emanate from the full ZIFA executive committee because our client (Banda) was supposed to be notified also.

“Remember, once Banda was reinstated, it meant that anything that ZIFA would deliberate on, he ought to have been part of whatever resolution but, on the 6th of June, he was not there.

“It’s Mamutse who had simply crafted something, a fraudulent resolution. These guys are just bent on trying to block an elected official from getting into office by any means necessary.’’

Nzarayapenga said they will seek postponement of today’s condonation application hearing by ZIFA because they were not given adequate notice and neither were they consulted on the date.

“Because, we were not given adequate notice and were not consulted on the date, we will, obviously, seek a postponement of the matter to a later date.

“We also want to know how ZIFA paid the appeal fee, their receipt does not show how they paid that money.

“It’s not showing whether it was a cash payment or bank transfer so we also want to ask for the bank statement because they are the originator of the document and we are worried that they may create a false document.

“We want them to prove that it’s not a false document,” said Nzarayapenga.

FIFA have said they are now following the case.

Meanwhile, the ZIFA Appeals Board heard the Herentals appeal, against the decision by the PSL to throw the Harare club out of the top-flight league, in Harare yesterday.

The Students were represented by two lawyers at the hearing.

They are challenging the decision by the PSL, to throw them out of the league, for taking matters to the High Court.

The PSL came up with that resolution at a time when Herentals had already approached the High Court, in their fight to clear their name in a match-fixing charge, after the Students were denied legal representation by the league’s disciplinary committee.

Judgment, in the latest case, is expected on July 3.