Lawyers representing the Premier Soccer League (PSL) have scoffed at the appointment of Dynamos president, Keni Munaiwa as interim chairperson of the league by Zifa president, Philip Chiyangwa.
by Kevin Mapasure
Chiyangwa wrote to Mubaiwa at the weekend informing him that the Zifa executive committee had appointed him to run the PSL.
But his appointment could be blocked, as the Zifa/PSL feud soap opera took an interesting twist yesterday, with the lawyers writing back to Chiyangwa.
“Your letter of December 10, 2016 referenced ‘Request for information’, and directed to the Premier Soccer League has been referred to us for advice and response,” the letter read.
“In your letter, under reply, you purport to have appointed Keni Mubaiwa as the chairperson of the PSL.
This you claim to have done in terms of article 34 (e) and (o) of the Zifa constitution. We advise as follows: The articles of the Zifa constitution that you purport to rely on do not in fact give you the powers to ‘appoint’ office bearers for affiliates. The said articles read in relevant part as follows: ‘article 34 Powers of the executive committee: The executive committee: shall appoint the chairman, deputy chairman and members of the electoral committee; May delegate tasks arising out of its area of authority to other bodies of Zifa or third parties’.”
They argued that Zifa’s powers only lay in the appointment of an electoral college and not office bearers of the affiliates.
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“Article 34 (e) of the Zifa constitution relates to the appointment of the electoral committee established under that constitution. It cannot be stretched to cover the appointment of the chairman of an affiliate let alone an affiliate whose office bearers are appointed or elected in terms of such affiliate’s constitution.
You have acted outside both power and capacity in this regard. Article 34 (o) of the Zifa constitution relates to the delegation by the Zifa executive committee of its powers under Article 34 (a)-(n) of that constitution. The appointment of a chairman for the PSL or any affiliate of Zifa is certainly not one of the functions of the Zifa executive committee and cannot thus be delegated. You cannot, in short, delegate a power you do not have.”
The lawyers suggested that until suspended PSL chairperson, Peter Dube’s fate had been determined, an emergency committee would run the league.
“The position remains as resolved by the special congress of the PSL, namely that pending the disposition of the matter relating to the status of its ‘suspended’ chairman, the PSL shall be superintended over by the emergency committee established by article 33 of its constitution.”
