ZIFA Southern Region chairman Gift Banda has welcomed his reinstatement by the courts saying it is unfortunate that football leaders are failing to adhere to the laws that govern the most popular sport in the country.
Report by Fortune Mbele, Sports Reporter
Bulawayo High Court judge Justice Lawrence Kamocha on Thursday declared Banda’s suspension of December 8 last year null and void and said the football governing body should not interfere with his duties.
Said Banda: “It is so unfortunate that we have people who work on personalities and don’t want football to be the winner. We have people who violate the Constitution. God forbid, who then will protect us when the custodians of the laws that govern the running of football are the very same people who violate them?
“We have leaders who have personal agendas. I have a proven track record as chairman. We have the most vibrant league, the only that had sponsorship and we had an incident-free promotion of Chicken Inn and Quelaton,” Banda said.
Justice Kamocha’s order was made after Zifa had initially opposed Banda’s application, but failed to tender their heads of argument on time.
The order reads: “The applicant (Banda)’s suspension by the Respondents (Zifa, president Cuthbert Dube, vice-president Ndumiso Gumede and chief executive officer Jonathan Mashingaidze) under the cover letter dated 8th December 2011 be and is hereby declared or deemed to have lapsed in terms of Article 31:10 of the 1st respondent (Zifa)’s constitution.
The suspension of 8th December 2011 is, therefore, declared null and void and the status quo ante (pre December 2011) be hereby declared.
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“For the avoidance of doubt:- The respondents be and hereby ordered to respect and recognise the Applicant’s re-instatement as Chairman of the Southern Region, and a board member of the 1st Respondent with all duties and obligations accompanying those offices. The respondents jointly and severally be and hereby interdicted from interfering with the applicant’s discharge of his duties as chairman of the southern region, 1st respondent’s board member and service in other offices of the 1st respondent as allowed under the constitution or regulations,” stated the order granted by Justice Kamocha.
Zifa was ordered to pay costs of the suit on an attorney-client scale.
Sindiso Shepherd Mazibisa of Cheda and Partners Legal Practitioners had submitted that Banda argued his suspension lapsed within the expiry of the 14 days as stipulated in the Zifa constitution.
“The respondents’ conduct in provisionally suspending the applicant and when no disciplinary hearing was pending constitute a violation of the applicant’s right to just and fair administrative action as defined in the Administrative Justice Act (Chapter 10: 28),” Mazibisa submitted.
