Zifa Referees’ Committee vice-chairperson Samukeliso Silengane claims her boss Ndumiso Gumede — who is the acting chairperson — threatened her with unspecified action if she appealed against her suspension from the committee.
She said the decision to suspend her contravened laid down statutes.
Silengane, together with the Southern Region representative Cosmas Nyoni and Cedric Manengedze Raisi from the Central Region, was suspended from the committee on allegations of corruption at a meeting held at the Bulawayo Zifa offices on Saturday.
Through her lawyers Moyo & Nyoni Legal Practitioners, she has written to the Zifa chief executive officer Jonathan Mashingaidze appealing against the decision. Mashingaidze has not answered his mobile since Monday to confirm receipt of the letter.
The allegations stemmed from a recorded conversation that Gumede is in possession of — in the form of a compact disc — and is to do with a Zifa Central Division One match between Hardbody and Gweru Pirates played on October 16.
She said Gumede and the meeting that suspended her on Saturday had no jurisdiction to do so.
“We are also advised that Gumede threatened our client with unspecified action in the event she noted an appeal against the decision by to suspend her.
Our client has a right to be heard in terms of the Zifa constitution. She was denied this right on November 19 2011. She cannot continue to be muzzled by Gumede.
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She has a right to appeal even against decisions made by a person who has decided to be the investigator, the prosecutor and the judge in the matter. In view of the foregoing we are of the opinion the letter of suspension by Gumede be immediately withdrawn.
“A properly constituted board must then sit within 14 days to hear the accusation being levelled against our client by Gumede and it shall then make a decision that is in line with the Zifa constitution and its Rules and Regulations,” reads the letter from the lawyers. Silengane said the meeting on Saturday contravened the Zifa Referees Committee regulations and as such:
“We note that in terms of clause 4(a) of the Rules and Regulations a meeting must be held after the members have been given at least four weeks’ notice of the meeting.
In terms of clause 4 (c) an emergency meeting may be called at the request of at least three members and must be held within seven days of the request. Further an agenda shall be circulated to members of the committee not less than seven days before an ordinary meeting.
The meeting of November 19 2011 was irregular in that no notice was given.
“The meeting had no agenda. It was not an emergency meeting as no 3 (three) members had requested for it.
In his letter to our client Gumede says that our client has been suspended sine die from the Committee and can no longer take part in any activities organised by Zifa.
“We have noted that neither Gumede nor the committee has the jurisdiction or power to suspend our client. The committee’s power derives from the Rules and Regulations and the Zifa Constitution.
“In both these documents there is no authority given to the committee or Gumede to suspend our client from the committee nor from any activities involving Zifa. As such the letter is null and void as it is ultra vires (violates) the power granted the Committee,” the letter reads.
Moyo & Nyoni said Silengane was never notified she would be appearing before a disciplinary committee to answer to charges of corruption and match-fixing and the committee that sat on Saturday did not constitute a disciplinary committee.
The lawyers said Silengane was not aware that she was being investigated for misconduct. Gumede was acting outside his jurisdiction and their client did not accept the suspension handed on her on Saturday as it was illegal. Moyo & Nyoni seek Zifa to respond to their correspondence dated November 22 within seven days.
The letter is copied to Gumede, who is also the Zifa vice-president, the Zifa President Cuthbert Dube and Zifa Referees’ Committee secretary-general Tendai Bwanya.
