CASTLE Lager Premier Soccer League giants Caps United breached transfer embargo imposed on them by the High Court after they successfully applied for Oscar Machapa’s clearance.
Zifa were barred by the High Court from issuing any Caps United players with clearance certificates over a $55 000 debt the club owes to Harare businessman Nobert Chawira.
The two parties reached an out-of-court agreement that the former champions could apply for the clearance of Gerald Phiri and Ronald Pfumbidzayi, since Caps were expecting to start servicing the debt from funds accrued from the sale of the two players.
But Caps went on to apply for Machapa’s clearance which was granted by the mother body, possibly in breach the High Court Order.
According Zifa documents, the association this year issued International Clearance Certificates to 11 players and among them is Machapa who moved from AS Vita.
The full-back signed for Caps as a free agent in July and played for the club in the same month against Harare City.
Zifa documents claim that by, September when Machapa joined AS Vita he was already a free agent, but even if he was, Zifa had no right to issue the clearance.
The claims that Machapa and Pfumbidzayi were free agents might have been used to prejudice Zifa of its share of the transfer fee.
Chawira’s lawyers Zimbodza and Mugwagwa Legal Practitioners yesterday said they had written to Zifa seeking clarity on Machapa’s clearance.
“We have written to Zifa seeking clarity on why Oscar Machapa was cleared,” they said. “In our earlier consultations with Caps, we were made to believe that he was their player. We hoped that once Caps had reached an agreement with AS Vita we would come up with an arrangement like we did with Gerald Phiri and Ronald Pfumbidzayi. We were probably going to give them consent to clear Machapa on the condition that part of his transfer fees would help settle the debt.”
Caps and the businessman, who is an avid fan of the team, signed an agreement on August 25 that only Phiri and Pfumbidzayi could be cleared before the full amount was settled.
The agreement that Makepekepe signed with Chawira reads in part;
“Upon the signing of this agreement and upon presentation of the letter referred to in clause 3 above the second party shall personally or through its legal practitioners authorise Zifa to issue out clearance certificates in respect of Gerald Phiri and Ronald Pfumbidzayi, this shall be done within 48 hours of receipt of the letter from 1st party and the signed deed.”
It further states that; “For the avoidance of doubt the authorisation arising out of this deed shall only be in respect of Gerald Phiri and Ronald Pfumbidzayi. This agreement does not have the effect of suspending the operation of the High Court order for any other player except Gerald Phiri and Ronald Pfumbidzayi.”
In a letter also dated August 25, Chawira’s lawyers notified Zifa of their agreement and gave consent that the players could be cleared at Caps’ request, while specifying that the agreement related to the said players.
“We write to advise that the parties have reached an agreement in respect of the two players. We write to kindly request your good office to issue clearance certificates in respect of the above name. Note, however, the consent given by our client applies to the above named players in terms of clause 6 of the deed of cession attached.”
The debt in question arose when Chawira advanced the club interest free loans in 2013.