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Philip Chiyangwa

Ricky Zililo, Senior Sports reporter
THE Court of Arbitration for Sport (CAS) on Tuesday gave Zifa 10 days to respond to the Premier Soccer League (PSL)’s suggestion to have three arbitrators handling their relegation and promotion impasse.

Acknowledging receipt of the PSL’s request for arbitration filed with the Supreme Court of sport on November 22, CAS counsel Jose Luis Andrade revealed that the league nominated Dr Markus Bosiger, an attorney based in Zürich, Switzerland, as their preferred arbitrator.

Zifa was given 20 days to respond to the substance of the PSL’s claim and send written submissions of its defence or counterclaim.

The submissions to CAS should “be filed by courier, in at least six copies”.

The national association, whose councillors ambushed the PSL by making a shock resolution to relegate four teams and promote four from the Zifa regional leagues, is left with six days to officially respond to CAS.

A 2015 Zifa congress resolved to drop two teams from the topflight and stage promotional play-offs involving winners of Zifa’s four regional leagues to determine the two teams to take up the PSL slots for the 2017 season.

Rescinding the 2015 resolution to relegate two teams is the bone of contention between Zifa and the PSL.

Zifa, whose lawyer Itai Ndudzo said CAS doesn’t have jurisdiction on the matter, has up to tomorrow to furnish the Switzerland-based court if it’s comfortable having the arbitration done in English as suggested by the PSL.

Upon receipt of Zifa’s submissions, CAS said: “The parties are advised that it will then be for the panel to issue further directions with respect to the written proceedings.”

Both Zifa and PSL will have to shoulder arbitration costs, and the two parties will have to pay an advance.

Andrade suggested that Zifa and PSL consider the mediation route as a way to end the current standoff.

“Finally, I take this opportunity to draw the parties’ attention to the possibility of submitting this dispute to CAS mediation, which would not prejudice the parties’ right to subsequently re-submit the dispute to arbitration, should the dispute remain unresolved at the conclusion of the mediation procedure,” he said.

“A successful mediation procedure would result in a binding settlement, the terms of which will have been agreed upon by both parties. Mediation has potentially significant time and cost advantages for both the claimants and the respondent, and is a more flexible procedure, which facilitates more creative means of resolving the dispute.

“Pursuant to article 6 of the CAS Mediation Rules, unless the parties agree between themselves as to whom the mediator will be, he/she shall be chosen by the CAS president from among the list of CAS mediators and appointed after consultation with the parties.”

A legal expert said the mediation route by CAS is cheaper, but Zifa is adamant that it will not recognise the application filed by the PSL, further dragging the impasse should no middle ground be found.

If the stalemate continues, the PSL which is willing to organise promotional play-offs for the four regional champions, Bantu Rovers (Southern), Black Rhinos (Northern), Shabanie Mine (Central) and Yadah Gunners (Eastern), are on record saying they will continue with the teams they had in the 2016 season. —  @ZililoR