Sikhumbuzo Moyo, Senior Sports Reporter
THE Zifa Appeals Committee yesterday dismissed Zifa vice president Gift Banda’s heads of argument against a condonation application by the national association to have his case set down for hearing again after the initial appeal by Zifa was failed to take off due to non availability of proof of payment.
Article 7.1 of the Zifa rules and regulations makes it mandatory for an applicant to provide proof of appeal fees payment for the case to be heard by the appeals body but Zifa could not provide that proof, leading to the Stead Kachere ruling that there was therefore no appeal in the first place.
Kachere later told Chronicle Sport that what that meant was that Banda was therefore duly reinstated to his position as the Zifa vice president.
In his opposing papers, Banda argued that at the last hearing of the same matter, the issue that arose was the issue of lack of compliance with the rules. There was no receipt accompanying the appeal while the applicant, Zifa, was of the view that the receipt was there and sought indulgence to correct the anomaly. It sought condonation to correct their papers but the committee rejected their request.
He went on to point out another point in limine similar to the one above in which he argued that the matter was now res judicata in that the Appeals Board made a ruling that there was no valid appeal placed before it.
The Appeals Board could not hear the matter without the attachment of a receipt. The matter became moot.
“The Appeals Board declined to condone failure to provide a receipt at the hearing. As such these proceedings are therefore an attempt to enjoy relief which was already declined. The effect of a res judicata is that it is meant to avoid the re-litigation of the same issue to the disadvantage of the litigant,” argued Banda through his lawyer Munyaradzi Nzarayapenga.
Zifa, who were represented by chief executive officer Joseph Mamutse, communications manager Xolisani Gwesela and lawyer Chenai Gumiro, countered Banda’s argument and said he views that the Appeals Board was now functus officio were incorrect, noting that there was never an application for condonation of late noting of an appeal placed or made before the Zifa Appeals Board.
“The application that Zifa wants to make is not an application to correct a defective appeal, it is one for noting a late appeal. The application which Zifa is making is not a request to produce a receipt, the issue of receipt is only mentioned to show good cause that applicant has always been desirous to note an appeal,” argued Gumiro.
Passing its determination in Harare Friday, the three men appeals committee of Kachere, Rodin Mzyece and Givemore Nyahuma noted that it was a fact that they never made a final pronouncement on the merits of the matter, neither did it make an adjudication on the merits of the matter.
“The Zifa Appeals Board ruled that there was no appeal before it to consider, the attempt made by Zifa was a nullity. It was null and void ab initio. Therefore in view of the above findings, it is the Zifa Board’s ruling that this matter is not res judicata. The preliminary issues, points in limine, raised by the Respondent in this matter are hereby dismissed. Costs shall be in the cause,” ruled the Appeals Committee.
No date was set for the new hearing.