Sikhumbuzo Moyo, Senior Reporter
DISQUALIFIED Zifa presidential candidate Temba Mliswa has filed High Court papers seeking nullification of the whole Zifa Electoral process arguing that it was being run using a constitution rectified by an illegitimate body.
The elections are set for January 25 in which 78 delegates are set to elect nine executive committee members, including the association president and two vice presidents.
In his application, the former legislator now turned traditional leader sighted the Zifa Normalisation Committee, the Sports and Recreation Commission (SRC) and the Ministry of Sports, Arts and Recreation as the first, second and third respondents respectively.
“Take notice that the following grounds shall be relied upon in the application; The ZIFA Congress Delegates who met at the Annual General Meeting of the First Respondent on the 18 of October 2024 and thereat passed the resolution to adopt the amended ZIFA Constitution were devoid of authority to so act by virtue of some of the Congress delegates’ terms of office having expired in the period preceding the Annual General Meeting,” wrote Mliswa through his lawyers MD Hungwe Attorneys at Law.
Mliswa argues that the amended ZIFA Constitution having been adopted by a body lacking in requisite mandate and authority is a product of grossly flawed and irregular proceedings and therefore a legal nullity and no lawful process can emanate therefrom.
“The Second respondent assented to and adopted the amended ZIFA Constitution on the 7 of November 2024 in spite of the lack of authority or mandate regards the congress delegates of the first respondent and thus adopted a Constitution that was a product of a grossly flawed process which adoption is in that score equally a legal nullity and ought to be vacated. The subsequent electoral processes instigated by the first respondent through the ZIFA Normalization Committee pursuant to a Constitution that was irregularly adopted is equally flawed as it is premised on a Constitution whose existence is a legal nullity by dint of having been adopted by a body lacking the requisite authority and mandate,” argued Mliswa.
Mliswa is seeking relief in the form of
nullification of all resolutions purportedly passed at the ZIFA Annual General Meeting of 18 October 2024, including but not limited to the nullification of the resolution to adopt the current amended ZIFA Constitution, nullification of the subsequent assent and adoption of the amended ZIFA Constitution by the Second Respondent of the 7 of November 2024 and nullification of all the electoral processes of the first respondent that followed the purported adoption of the amended ZIFA Constitution and which have been instigated and carried out in terms of same.
“We also seek an order directing the first respondent to first cause the regulation of the structures of its affiliates that feed members who constitute the congress delegates of the first respondent at ZIFA Annual General Meeting and thereafter cause the convening of an Annual General Meeting for the proper adoption of the amended ZIFA Constitution and any other business first respondent may so wish to conduct at such Annual General Meeting within ninety (90) days of this Order therefore paving way for a fresh electoral process for office bearers of the first respondent,” wrote Mliswa in his application.