High Court bars Zifa from clearing Caps players

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THE High Court has barred Zifa from issuing international clearance certificates to any Caps United players until the Premireship football club settles its dispute with Harare businessman Norbert Chawira over a $55 000 debt the club is alleged to owe.

Kevin Mapasure

The court order has thrown Ronald Pfumbidzai, Gerald Phiri and Oscar Machapa’s moves abroad into jeopardy ahead of the new season.

High Court judge Justice Owen Tagu ruled in favour of Chawira, who wanted the court to bar Zifa from issuing Caps United players with clearance certificates until he was paid or until a payment plan was agreed between the two parties.

The court ruled that until the two parties finalised the matter, Caps United cannot apply for clearance.

This means that Phiri who is set to transfer to Wits University, Pfumbidzai joining Hobro IK and Machapa, who wants to join AS Vita of the DRC, will all have to put their moves on ice. Phiri and Pfumbidzai are already training with
the clubs that they have been proposed to move to.

Caps United signed Machapa from Dynamos in the mid-season transfer window.

Part of the judgment on the urgent application for an interdict on the application and issuance of international clearance certificates reads:

“That pending the finalisation of the dispute between applicant (Chawira) and 1st respondent (Caps United), under the summons case, 2nd respondent (Zifa) be barred and interdicted from issuing any clearance certificates in respect of 1st respondent’s players.”

Chawira’s lawyers in the matter are from Zimbodza and Mugwagwa Legal Practitioners while Caps United’s lawyer is from TK Hove Legal Practitioners.

The two parties had agreed to sign a deed of settlement and a proposal to pay Chawira in four instalments was drafted, but Caps United did not sign it.

According to the proposal, Caps were supposed to pay the first instalment of $20 000 by July 31 before a $15 000 and two $10 000 instalments to settle the debt.

But since the agreement was not signed before the end of the month and no payment was made, the whole process was left in disarray and the players will be affected.

In their opposing affidavit to the initial application, Caps United argued that the $55 000 was in dispute and that Chawira should have also cited the players as respondents.

Chawira argues that he advanced the money to Caps United in 2013 in various amounts and they had made an initial agreement for the club servicing the debt from prize money received in various competitions

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  1. Taura hako Willard.Dai vangoregedza vatambi vaenda whilst making an agreement that the proceeds which amount to the debt owed kumu face uyu goes to his account.Hutsinye hobho vanhu vatema

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  3. Chawira is right. Caps must pay him from what they have received from the sale of these players to these clubs. He knows once the clearances are given, Caps will continue playing games with him. They have not been acting in good faith. I understand that no clearance certificate is given before some payment by the buying club has been made.

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