HIGH Court judge Justice Owen Teda yesterday reserved judgment in a case where Harare businessman Nobert Chawira is seeking an interdict on the issuance of clearance certificates for Caps United players, Gerald Phiri and Ronald Pfumbidzai, over a $55 000 debt.
BY KEVIN MAPASURE
Through his lawyers, Zimbodza and Mugwagwa Legal Practitioners, Chawira filed an urgent application seeking an order to stop Caps United and Zifa from acquiring and issuing clearance certificates since he had rights over transfer earnings.
Caps United and Chawira entered an agreement where the club ceded transfer and prize money earnings to service the latter’s debt, which he claims accrued as he lent several sums to the Harare club.
The two parties signed a guarantee letter with Caps United represented by then club president Twine Phiri and chief executive officer Joe Makuvire.
Caps United, through their lawyers, TK Hove and Partners, filed an opposing affidavit arguing that the amount owed was in dispute and that the agreement signed between the two parties over transfers and prize money rights was not legally binding.
The club also queries the urgency of the matter since the claim was made in February 2014 for a debt accrued in 2013.
Their argument reads in part: “1st respondent (Caps United), specifically denies that the said letter of guarantee is legally binding and enforceable. It is vague and unenforceable at law. Applicant is not a registered Zifa or Fifa agent and as such cannot enforce the Zifa and Fifa statutes relating to player earnings and transfer fees.”
- Chamisa under fire over US$120K donation
- Mavhunga puts DeMbare into Chibuku quarterfinals
- Pension funds bet on Cabora Bassa oilfields
- Councils defy govt fire tender directive
Keep Reading
It is also argued in the same affidavit that both Pfumbidzai, who is meant to join Hobro IK of Denmark and Phiri moving to Bidvest Wits of South Africa, should have been cited as respondents since the matter affects their employment and livelihoods.
Chawira believes Caps Utd has already reached agreements with the two clubs, but the Castle Lager Premier League side denies that claiming negotiations were still going on. Bidvest Wits has already made an announcement on their website that they have signed Phiri.
Chawira believes the reluctance by Caps to advise him on the transfers was meant deprive him of his rights. Caps Utd’s response to that reads in part: “There are other remedies open to the applicant. Applicant is trying to use the legal process to blackmail 1st respondent (Caps) and compromise the lives of young kids in the process.”
