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Sikhumbuzo Moyo, Senior Sports Reporter
THE legality of Zifa’s 2018 national elections that ushered in Felton Kamambo as president and his board is now under scrutiny following startling revelations that some delegates illegally participated in the voting process.

The elections, which were supervised by Don Vuma, saw an extra two Premier Soccer League clubs participating in the elections following a 2016 Zifa assembly resolution to increase the number of PSL teams from 16 to 18, but a monumental blunder by Zifa chief executive officer Joseph Mamutse saw the national association failing to formalise the constitutional amendment with the Sports and Recreation Commission in terms of the SRC Act, rendering the November 2016 resolution to increase the number of PSL teams null and void.

While Zifa communications and competitions manager Xolisani Gwesela claimed the amendment was communicated to the supreme sports body but the SRC was singing a different tune yesterday.

“No such communication requesting for the amendment was received, so what this implies is that Zifa might have made their amendments, but they are yet to approach the SRC for registration. The amendments will only come into force when they have been registered according to the SRC Act,” said the SRC in a statement.

Article 29, subsection 5-7 of the SRC Act states that where any amendment is made to the constitution or rules of a registered national association or any alteration occurs in any of the matters or things in respect whereof particulars are required to be given as prescribed, such association shall give particulars in writing of such amendment or alteration to the Commission.

Upon receiving any amendment to the constitution or rules of a registered national association, the SRC board shall, if it is satisfied with the suitability of the amendment, register the amendment.

This means no amendment will be of any eff ct unless the constitution, rules or amendment is registered with the SRC.

The 2018 Zifa elections saw Kamambo sensationally defeating the then incumbent Philip Chiyangwa for the Zifa presidency, vice-president Omega Sibanda losing to Gift Banda.

Others elected into the Zifa board for the first time include Bryton Malandule, Sugar Chagonda and Chamu Chiwanza, while Philemon Machana was re-elected.

A legal expert said if it was true that Zifa never ratified the changes by submitting them to the SRC, then the 2018 elections were a legal nullity.

“To rely on a wrong document to conduct an election will in essence render the election a nullity. It’s as if the election never took place. It’s like relying on a wrong section of the law to make a certain decision, which renders the outcome a nullity,” said the lawyer.

But the question is why did both the the Zifa electoral committee and SRC allow the elections to go ahead before all legal conditions were satisfied.

“It’s the electoral committee’s duty to verify if all documents meet the expected legal angle and the SRC, as observers, ought to have raised the red flag and alerted the electoral committee that the constitution only allowed for 16 PSL clubs,” said an observer.