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Sikhumbuzo Moyo, Senior Sports Reporter

ZIFA has suspended Bulawayo Metropolitan Province vice-chairman Allan Mpofu for violating ‘Section 11 (2) (d)’ of the Fifa Code of Conduct, 2019.

However, a check on the Fifa Code of Conduct booklet yielded no results for such a section, but this clause is instead found under the Fifa Disciplinary Code, which, crucially, is an offence under the Laws of the Game, Title 11 (Offences).

Section 11, Offensive behaviour and violations of the principles of fair play under Chapter 1, Infringements of the Laws of the Game reads:

“Associations and clubs as well as their players, officials and any other member and or person carrying out a function on their behalf, must respect the Laws of the Game as well as the Fifa Statutes and Fifa’s regulations, directives, guidelines, circulars and decisions and comply with principles of fair play, loyalty and integrity. For example anyone who acts in any of the following ways may be subject to disciplinary measures; (a) violate the basic rules of decent conduct, (b) insulting a natural or legal person in any way, especially by using offensive gestures, signs or language, (c) using a sports event for demonstrations of a non-sporting nature, (d) behaving in a way that brings the sport of football and or Fifa into disrepute.”

Moyo was ordered to immediately vacate the Zifa offices and hand over any material belonging to the province to chairman Francis Ntutha.

In a letter penned by the association’s chief executive officer Joseph Mamutse, Zifa accused Mpofu of ‘behaving in a way that brings the sport of football and or Fifa into disrepute.

Victoria Falls-based lawyer Matshobana Ncube of Ncube Attorneys, said the charge by Zifa was a legal nullity in that it quotes a non-existent statute said to be under the Fifa Code of Conduct, adding that Zifa has no legal capacity to implement Fifa statutes without first domesticating them.

“It appears to me that what Zifa has done is patently wrong. Zifa has no capacity to implement Fifa statutes without first domesticating them. If Zifa desires to use Fifa statutes within Zimbabwe, they have to first domesticate those statutes so that they become Zifa laws at domestic level. In so far as the charges are presently framed against Allan Mpofu, because they do not in any way involve an infraction of Zifa statutes they cannot stand, they are a nullity.

“It’s like they were never there in the first place and must be withdrawn and Zifa should do its homework and do the proper thing and domesticate Fifa statutes if they want to punish such conduct going into the future. Moreover, Zifa has done another wrong by quoting a non-existent statute in Fifa regulations. It’s not possible for Zifa to create its own provisions which do not exist at Fifa level; that is patently wrong, that is patently unlawful. Zifa should not be doing this, it’s quiet embarrassing,” said Ncube.

In the letter, referenced notice of suspension pending finalisation of disciplinary procedures, Mamutse said Zifa had reasonable belief that Mpofu had indeed committed an offence in terms of the Fifa Code of Conduct statutes.

“We advise you that you are hereby suspended from being a committee member of Zifa Bulawayo Province with effect from the date of this letter. The reason for the suspension is to enable the association to do investigations and disciplinary proceedings. The association has reasonable belief that you committed a misconduct for contravention of Section 11 (2) (d) of the Fifa Code of Conduct, 2019,” read the letter.

Mpofu said he was still studying the contents of the letter and would comment at a later stage after advice from his lawyers.