PSL proposals were illegal
THE zeal to get rid of former Zifa president Cuthbert Dube last year saw councillors accommodating an agenda item from a non-Zifa member to relegate two teams from the 16-club Premier Soccer League.
Sixteen months later, that marriage of convenience has come back to haunt Zimbabwean football, resulting in chaos brewed by Zifa that saw it suspending PSL boss Peter Dube.
The Zifa councillors conveniently failed to note that the PSL, which put forward the proposals, is not a member of Zifa and to even consider its proposal was in violation of the Zifa constitution.
According to Article 22, part (o) areas of authority, the congress has authority to pass decisions at the request of a member in accordance with the Zifa statutes.
Members of Zifa are the 16 PSL clubs, and not the PSL, according to Article 10 of the Zifa constitution.
Other members are the four regional Division One leagues, 10 provincial leagues, four area zones, Naph and Nash, National Association of Tertiary Institutions, Zimbabwe Women Soccer League, beach soccer and FUTSAL.
It follows that the resolutions made on July 25, 2015, to relegate two teams and have play-offs was made following a flawed constitutional process.
Item 20.2.1 o f the 2015 annual general meeting resolution stated that four teams would be promoted and four demoted after 2015 and two teams would be promoted and demoted after the 2016 season with the PSL funding the promotional play-offs. “This whole thing was done in a rush all because people wanted to get rid of Dube and some unconstitutional compromises were made, but unfortunately such things always come back to haunt you like what is happening now,” said an observer. In the notice of an annual general meeting (AGM), which was initially supposed to be held on June 27, 2015, there is no mention of a proposal by the PSL on the relegation issue, with the agenda issued by former chief executive officer Jonathan Mashingaidze containing 23 agenda items. The fourth reminder, sent to members on June 1, 2015, also does not mention the PSL proposals. The June 27 AGM was then postponed on the advice of Fifa, who wrote to Zifa through its former general secretary Jerome Valcke on June 11, 2015, advising the national association to hold a joint AGM and extraordinary general meeting. On July 22, Mashingadze, in his notice of the joint meeting, then brought the PSL proposals. While the agenda of an ordinary congress can be altered, provided two thirds of the members present at the congress and eligible to vote agree, the sticking point is that the PSL as an organisation is not a member of Zifa and can therefore not put forward statutory proposals. — @ skhumoyo2000
Ndumiso Gumede (left) and Mgcini Nkolomi