Premier Soccer League side, Dynamos’ bid to avoid paying its former defender Guthrie Zhokinyi, a total of over $14 000 in outstanding salaries and terminal benefits, yesterday went up in smoke after the club’s appeal was struck off the roll by the Supreme Court for failing to comply with court rules.
BY CHARLES LAITON
The determination by the court followed realisation by the judges that Dynamos Football Club had not specified in its draft order that it was seeking an order setting aside the arbitral award.
The bench, comprising of Justices Elizabeth Gwaunza, Antonia Guvava and Susan Mavangira, highlighted to DeMbare’s lawyer, Tawanda Zhuwarara, that his instructing attorneys had not submitted a proper prayer to be determined by the court.
“The court rules requires that the prayer must be specific, so far as it stands there is no proper prayer before this court,” Justice Gwaunza said.
But, Zhuwarara insisted the prayer was there and specific, only to concede later when the court maintained the papers were not in order.
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“I beg to differ, my lady, with all due respect, the prayer is there and specific and even goes beyond,” he said before the court interjected and ruled there was no such prayer.
Zhokinyi’s lawyer, Regina Mabwe, echoed the court’s sentiments, urging the court to strike the matter off the roll, saying the issue before the court was not a question of neatness, but whether there was a valid appeal or not.
“The rules require that there has to be a prayer and what is before you falls short of the mark. The appellant [Dynamos] was seeking the setting-aside of the decision of the Labour Court. Once it is conceded that the aspect is absent, it follows that there is no appeal. I hear there is an application to amend the prayer, but a nullity cannot be amended and cannot be condoned,” she said.
Sometime last year, through his lawyers, Zvinavakobvu Law Chambers, Zhokinyi approached the High Court seeking leave to appeal to the Supreme Court challenging the High Court’s decision, which stopped him from attaching DeMbare’s property to recover his dues.
In his determination, High Court judge, Justice Alphas Chitakunye granted Dynamos stay of execution on the basis that since Zhokinyi was no longer employed, he would not be in a position to compensate DeMbare should the club’s appeal against the Labour Court in the Supreme Court succeed.
In the court papers, Zhokinyi said he was employed by Dynamos from 2012 until 2014 although sometime in 2012, he faced allegations of match-fixing resulting in Zifa banning him for life from any football activities. The ban was later lifted.