Zimpapers Logo

Eddie Chikamhi, Harare bureau
PREMIER Soccer League clubs have embraced the Zifa guidelines aimed at addressing the thorny issue of player contracts that were supposed to expire at the end of the season.

The guidelines, which were recently endorsed by the Zifa Congress, were sent to all the clubs after chaos threatened to set in following the disbandment of the 2020 season. The guidelines encourage negotiations between clubs and their players whose contracts were supposed to end on December 31.

Black Rhinos secretary-general, Edward Mutukwa, said they have been in talks with their players over expired contracts.

“We had signed two years and above with most of our players. But those with contracts that were set to expire agreed to extend as per guidelines from Zifa.

“The only challenge that we faced was with Andrew Tandi and Marvelous Mukumba. But after discussions Mukumba agreed to stay on while Tandi is insisting on leaving,” said Mutukwa.

Chicken Inn secretary, Tavengwa Hara, said the 2015 champions have been engaging their players constantly.

“The guidelines from Zifa were endorsed a bit late but even before we got that statement we have always been engaging with our players.

“We will continue to do so and with these guidelines we may have a chance to re-engage them again.

“Zifa, PSL and the Footballers Union of Zimbabwe are the custodians of the standard contracts which we entered with these players and they should guide us further,” said Hara.

But there have been far bigger challenges with Bulawayo Chiefs who insist that midfielder Perfect Chikwende’s move to Tanzanian giants Simba SC was unprocedural.

Chikwende signed a two-year deal with the Tanzanian league champions last Friday from FC Platinum. But Chiefs rang Zifa to halt issuing of the player’s international clearance, arguing that FC Platinum should give them their share from the deal since Chikwende was on loan at the Zimbabwe champions.

Chikwende’s contract with Chiefs expired at the end of 2020 but since there was no football in Zimbabwe last year, Zifa, in consultation with football stakeholders, said there was room for negotiations for contracts that were due to lapse last year to overlap into this year.

Based on that, Chiefs are arguing that the 2020 loan agreement between FC Platinum and Chiefs for Chikwende is still binding.

But Chikwende insisted his loan with Chiefs had expired on December 31 and had entered into a new two-year deal with the platinum miners as a free agent.

Zifa spokesperson, Xolisani Gwesela, said the clubs should find common ground.

“Zifa recognises the privity of contracts entered into between clubs and players.

“The need to abide by the terms and obligations of the material terms of the contracts cannot be over-emphasised,” said Gwesela.

The Zifa Congress endorsed the guidelines with input from Fifa which encourages clubs and their employees to engage in negotiations.

“The delay in the commencement of the football season has brought about challenges in respect to employment contracts for the players and clubs,” said Gwesela

“Zifa proposes the following guidelines to govern the employment contracts.

“These guidelines are subject to any other mutual agreement or arrangement that parties might have agreed on.
“Parties are encouraged, where possible to have a mutual agreement that is beneficial to all parties concerned.

“The guidelines provided hereunder are meant to provide a general guideline on how the contractual issues are to be governed during the Covid-19 pandemic era.

“(a) Where an agreement is due to expire at the original end date of the season, such expiry be extended until the new end date of the season, or alternatively, in the event that the 2020 season is called off, the end date of the next ensuing season.

“(b) Loan transfer agreements which are due to expire at the original end date of the season are extended until the new end date of the season, or alternatively, in the event that the 2020 season is called off, the end date of the next ensuing season.

“(c) Employment contracts which are due to commence at the mid-season break are extended to expire at the new mid-season break to be set by the governing relevant Zifa affiliates.

“(d) Where an agreement is due to continue at the original start date of a new season, such commencement be delayed until the new start date of a new season.

“(e) Notwithstanding the aforementioned recommendations, parties are to abide by the contractual obligations in respect to payment of the agreed salaries, and other payments due to the players during the subsistence of the contract.

“The aforementioned guidelines are in line with the general guidelines made by Fifa and are amended so as to suit our season and circumstances.”

FUZ have also waded into the controversy between FC Platinum and Chiefs over Chikwende.

They wrote to Chiefs this week requesting them to clear the player since the Zifa guidelines were not binding regulations.

“For the sake of good order, the Zifa letter only proposes guidelines and the content of such a letter does not constitute binding regulations.

“Moreover, the Zifa letter even specifically emphasises that ‘these guidelines are subject to any other mutual agreement or arrangement that parties might have agreed on’ hence even Zifa underlines that there must be an agreement between the parties.

“In the present scenario, there’s no agreement between the parties, since the player is not agreeing to the loan in 2021 and his employment contract has expired.

“We kindly ask you to confirm in writing in the next three days that the player is free of contract with your club and that the club will cooperate with any and all requirements to transfer the player,” said FUZ president Desmond Maringwa in his letter to Bulawayo Chiefs.