Zifa to fight another day…High Court removes dissolution case from roll Philip Chiyangwa
Philip Chiyangwa

Philip Chiyangwa

Eddie Chikamhi and Daniel Nemukuyu
ZIFA yesterday suffered a technical glitch in their bid to expedite their dissolution when the High Court declined to hear the matter in which the debt-ridden soccer body is seeking sequestration after realising that the association’s lawyer Stephen Zvinavakobvu had not complied with the court’s directive to put his papers in order.

Justice Esther Muremba removed the matter from the roll upon realising that Zvinavakobvu had not attended to a query raised last week that a copy of Zifa’s constitution attached to the application was too faint and not legible.

The judge ordered the lawyers to put their papers in order before seeking a fresh set down of the matter.

Zifa dissolved on June 4, arguing that the association had become insolvent.

A new outfit called the National Football Association of Zimbabwe was immediately formed with the same leadership as that which managed Zifa.

After announcing their dissolution, Zifa then approached the High Court seeking permission to surrender their problems to a trustee, who would be appointed by the High Court to deal with the entity’s debts that are now in excess of $6 million.

Zifa who nominated Freddie Chimbari of Fremus Executor Services as an appropriate trustee to manage their affairs, are seeking sequestration and surrender as well as an order for the appointment of a trustee.

However, the Master of High Court strongly opposed the move by Zifa contending that it was a deliberate attempt to avoid paying their debts to the prejudice of the creditors.

Among some of Zifa’s major creditors are: CBZ Bank ($1 795 000); Pandhari Lodge ($268 436); Vogel Weber ($21 000); ZIFA Ad Hoc Committee ($600 000); Buymore Investments ($438 222); Led Travel and Tours ($244 527).

The long list of creditors also includes BancABC, former chief executive Henrietta Rushwaya, Horst Webber and Tendai Hangazha.

Former Warriors coaches Sunday Chidzambwa, Norman Mapeza and Rahman Gumbo are also listed as creditors as do African Sun, Rainbow Tourism Group, Eastown Commodities, Selous Hotel, and Negoma Transport.

Although the High Court wants Zifa to put their documents in order before re-launching their application the soccer mother body has also already taken steps to regularise their dissolution bid with an extraordinary meeting scheduled for July 9.

While Zifa were living to fight another day in the High Court, Sport and Recreation Minister Makhosini Hlongwane told the media that government was working to ensure that the association follows all the necessary steps needed to fulfil their application.

Hlongwane said Government through the Sport and Recreation Commission has been in constant communication with the Philip Chiyangwa leadership since March when Zifa office first wrote to the Commission seeking approval of the dissolution.

Hlongwane said Government made it clear to Zifa that they needed to follow proper procedure to be accepted after the Commission and Fifa had emphasised the route they needed to follow rather than “ambush their stakeholders’’.

The Minister said while dissolution was within Zifa’s right according to article 77 of their own constitution, it was the initial manner the process was conducted that “was unclean.”

“It should be noted that on 3 March 2016, Zifa wrote to the Sport and Recreation Commission seeking Government’s approval of the dissolution of Zifa and the registration of a new football association.

“In response, the SRC advised Government on 10 March, 2016 that neither the Ministry nor the SRC should endorse the proposed dissolution of Zifa unless there was a clear and irrevocable commitment to pay all bona fide creditors their dues.

“The Minister, in concurrence with the SRC’s position instructed SRC to communicate the same to Zifa including the fact that the desired dissolution would have negative ramifications which had the potential of impacting on the entire sports sector.

“Fifa also wrote to Zifa regarding the proposed dissolution of Zifa on 21 April, 2016 and advised as follows:

a) Dissolution of Zifa should be according to Zifa statutes (this requirement is mentioned three times in the Fifa letter).

b) Initial elections would have to take place for all the necessary positions and bodies of the new football association (these may include PSL, Women’s Football, Regions, Zones and all other affiliates).

c) It is important that all parties involved in the dissolution of Zifa comply with the applicable laws of Zimbabwe.

d) That the dissolution is open and transparent and embraces all the relevant stakeholders who would be affected by the dissolution

e) If it so desires, Zifa should be dissolved properly and conclusively before a new association is accepted by Fifa.

“Contrary to the advice rendered by both the SRC and FIFA, on the 4th June 2016 Zifa proceeded with the attempted dissolution process, including adopting a motion for liquidation in the EGM,” said Hlongwane.

The Zifa assembly voted overwhelmingly to dissolve the association when they held their AGM on June 4 and form a new organisation by the name Nafaz.

Zifa, who owe their creditors in excess of $6m, had also applied for liquidation, claiming that they don’t have the capacity to pay back the debts.

However, Hlongwane said the motion for liquidation was beyond his ministry as it is a matter to be handled by the judiciary.

The Minister said Zifa were offside on the dissolution since it was not done in line with its constitution, particularly Article 77 as the meeting “was not specifically convened for the dissolution of Zifa as evidenced by the circulated notice and agenda of the meeting. There was (also) no evidence of adequate and transparent stakeholders’ engagement and consultation such as creditors and employees as advised by Fifa.”

Hlongwane said they have had marathon meetings with the football leadership of late and have come to an agreement that Zifa still exists.

According to Hlongwane, the football leadership have since abandoned Nafaz and reverted to Zifa until the changeover process is conducted in accordance with football statutes and in line with the laws of the country. He feared Zifa had set a dangerous precedence to the sport sector.

“This position that I am communicating is the agreed position between ourselves as Government, SRC and Zifa. You will notice that we have rather been coy in terms of our approach as Government for the reason that we didn’t want to communicate a position that creates a public spectacle where we have a situation that we have a position that Zifa will necessarily contradict and the implications of such a move are obvious.

“We’ve tried to restrain ourselves and act in the national interest as expressed through football. So we worked very hard behind the scenes and there is a trail of correspondence to that effect.

“Our position has been consistent that the dissolution process was unclean. While it’s provided for by the constitution of Zifa to be able to dissolve itself as a private voluntary organisation.

“(But) to the extent that the constitution of Zifa is registered with the SRC, the Sports Commission has a role to superintend over processes of that national association as expressed within the constitution.

“And we were very clear from the first day. On June 4 we wrote to Zifa and there are several other correspondences including up to last week when we insisted that we needed to come together and agree on a position as far as the way forward is concerned.

“And I must say the meeting that we had last Wednesday was very fruitful in that it agreed on the position that the dissolution process was not procedural and therefore that the dissolution is null and void.

“That’s why I’m stating categorically that Zimbabwe has one football association and that association is Zifa.

“This position we have agreed between ourselves, SRC and Zifa and I must also add that Zifa have already started correspondence with us, through the SRC, on the Zifa letterhead.

“Several correspondences have already been exchanged between June 20 and now on the Zifa letterhead to show that concrete steps have begun to be taken to provide remedial action to the ill-fated process of June 4,” said Hlongwane.

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