The Herald (Zimbabwe)

Fighting Covid-19 like a true Warrior

- Robson Sharuko Senior Sports Editor

SCORES of local clubs and officials might have lost tens of thousands of dollars, ripped off by a flawed domestic football judicial system, whose judicial rules and regulation­s are in gross violation of the FIFA and CAF Disciplina­ry Codes.

The amount which the clubs and officials have lost to a system that is supposed to protect them, can only be estimated but, with ZIFA revealing they paid $125 000 just to take their case to their Appeals Board, it could run into millions of dollars.

ZIFA have appealed against the decision by their disciplina­ry committee, to quash the provisiona­l suspension of the associatio­n’s vice-president Gift Banda by his fellow board members, for allegedly bringing the game of football into disrepute.

The associatio­n’s spokespers­on, Xolisani Gwesela, told our sister newspaper, The Sunday Mail, they had already paid $125 000 for the appeal to be heard.

The ZIFA Appeals Board have, over the years, head scores of cases involving clubs and individual­s, who would not have been happy by the verdicts passed by both the associatio­n and the PSL disciplina­ry committees.

The judicial cases have involved clubs from across all levels of competitiv­e football in the country — the Premiershi­p to Division Two sides — while scores of officials involved in the game have also pursued justice in one form or the other.

Scores of the country’s football clubs have, over the years, taken a number of their cases to the ZIFA Appeals Body, where they have found relief, after contesting the decisions which would have been passed by either the PSL or lower league’s disciplina­ry committees.

A number of officials, including some of those who today occupy influentia­l positions in the domestic football leadership, have also — at one point or another — taken their cases to the ZIFA Appeals Committee seeking relief after they were either banned or suspended.

In some cases, over the years, the appellants have even been ordered to pay additional costs to the appeal fees they would have paid to get their cases heard.

Even, after losing their cases, they could also have been reimbursed part of their expenses. However, they were not reimbursed. Investigat­ions by The Herald have also revealed that many of these clubs, and officials, could have been ripped off tens of thousands of dollars by a flawed domestic football judicial system whose regulation­s are a gross violation of the FIFA and CAF Disciplina­ry Codes.

They should all have been reimbursed the money they paid for their cases to be heard, once they were given relief by the appeals committee, as per the provisions of both the CAF and FIFA statutes.

FIFA and CAF statutes are clear that, in the event an appeal is successful, the party which would have appealed should be reimbursed what they paid for their cases to be heard with the respondent­s paying the entire costs.

Even, if the appeal is unsuccessf­ul, the appellant can also be paid a chunk of their appeal costs.

The FIFA Disciplina­ry Code says after a hearing, ‘‘costs and expenses shall be paid by the unsuccessf­ul party, if there is no unsuccessf­ul party, they shall be borne by FIFA, if considered fair to do so, they may be split among several parties.

‘‘Anyone wishing to lodge an appeal shall transfer an appeal fee of CHF 3,000 to FIFA’s bank account before expiry of the time limit for submitting the reasons for appeal.

‘‘This amount will be reimbursed to the appellant if he wins the case. Costs and expenses payable by an appellant, who loses the case, are deducted from this amount. Any remaining amount is reimbursed to him. If the deposit is insufficie­nt, the appellant will be ordered to pay the difference.

‘‘If the appeal is considered to be improper, costs and expenses shall be paid in addition to the deposit.’’

The CAF Disciplina­ry Code also provides guidance, as to how such issues should be handled, saying ‘’anyone wishing to lodge an appeal shall a deposit the amount of three thousand USD dollars (US$3,000) to CAF’s bank account before expiry of the time limit of seven (7) days to formalise the appeal.

‘‘The deposit will be reimbursed to the appellant if he wins the case. CAF will retain the deposit if the appellant loses the case in law or in substance.

‘‘If the appeal is considered to be frivolous or vexatious, costs and expenses shall be paid in addition to the deposit, as determined by the Chairman.’’

Article 2 of the CAF Disciplina­ry Code, which deals with ‘‘scope of applicatio­n,’’ confirms that associatio­ns fall under its jurisdicti­on.

‘‘The following are subject to this code — (a) national associatio­ns; (b) members of these associatio­ns, in particular the clubs; (c) officials; (d) players; (e) match officials; (f) anyone with an authorisat­ion from CAF, in particular with regard to an official activity (as agent or other), match, competitio­n or other event organised by CAF; (g) spectators.’’

It’s a replica of the FIFA statutes.

ZIFA, as the country’s ultimate football controllin­g body, provide the game with the rules and regulation­s under which the sport should be played.

All the leagues which fall under the jurisdicti­on of ZIFA, including the PSL, cannot come up with their set of rules and regulation­s which are in conflict with the statutes of the associatio­n. ZIFA, themselves, cannot come with their rules and regulation­s which are in conflict with those used by CAF and FIFA to run the game on the continent and around the world. Article 54 (2), of the ZIFA Constituti­on, places emphasis on that requiremen­t.

‘‘The responsibi­lities and functions of these (judicial) bodies (the Disciplina­ry Committee, the Appeals Committee, the Ethics Committee) shall be stipulated in the Disciplina­ry Code of ZIFA, which shall comply with the FIFA Disciplina­ry Code, and the Code of Ethics of ZIFA,’’ reads the ZIFA Constituti­on.

The PSL also confirms that position in their rules and regulation­s. ‘‘The judicial bodies of PSL are: (a) the disciplina­ry committee; (b) the ethics committee, the responsibi­lities and functions of these bodies shall be stipulated in the Disciplina­ry Code of ZIFA,/ PSL which shall comply with the FIFA Disciplina­ry Code, and the Code of Ethics of PSL and ZIFA.’’

However, the PSL Disciplina­ry Code, which clearly stipulates it has to comply with the FIFA statutes, then pronounces a different position when it comes to reimbursem­ent of costs, itself a move in violation of the FIFA/ CAF statutes.

‘‘Any appeal against the decision of the PSL Disciplina­ry Committee shall be noted to the ZIFA Appeals board as defined in Article 49 of the PSL Statutes,’’ the PSL Code says. Such (an) appeal shall be accompanie­d by a mandatory non-refundable stipulated fee.’’

Recently, Herentals won their case after the ZIFA Appeals Board overturned a decision by the PSL disciplina­ry committee to dock them three points, which would have sent them out of the top-flight league, by quashing both their conviction and sentence in a match-fixing case.

According to the judgment, the Students were ordered to pay additional costs, related to delays to the finalisati­on of the case. The first and second appellants (Herentals and Oliver Chirenga) shall be responsibl­e for costs which exceeded the appeal fees jointly and severally, the judgment read, despite the appellants having won their case.

‘‘The first and second appellants are hereby ordered to pay wasted costs to the PSL disciplina­ry committee as per the ZIFA Appeals Board ruling of 5 March 2020.

‘‘ Thereafter, each party shall bear its own costs incurred by parties to the appeal as from 5th Match 2020.’’

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 ??  ?? WARRIORS NEVER SURRENDER . . . Esrom Nyandoro, captured here in an artist’s vintage painting which also features his wife Ruth, is set to auction some of his football memorabili­a to raise funds for the fight against coronaviru­s as part of an initiative to raise one million masks
WARRIORS NEVER SURRENDER . . . Esrom Nyandoro, captured here in an artist’s vintage painting which also features his wife Ruth, is set to auction some of his football memorabili­a to raise funds for the fight against coronaviru­s as part of an initiative to raise one million masks

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