THE Dynamos ownership saga took a new twist yesterday after the Dynamos (Pvt) Ltd company led by Morrison Sifelani said that a judgement by the Supre
me Court last month was in fact in favour of their firm and not the founding members who constitute the club’s board of trustees.
Sifelani, who is the chairman and chief executive of Dynamos (Pvt) Ltd, has vowed to “effect the judgement”, saying the founder members have no role in the club.
“They have no role,” he said. “They are just an advisory panel. They do not have executive duties according to the constitution.”
The judgement, delivered by Justice Luke Malaba on March 23 and in possession of IndependentSport, ruled that Dynamos Football Cub (Pvt) Ltd, a company registered under the Companies Act, is the lawful owner of the team.
The judgement shows that (Dynamos (Pvt) Ltd was the applicant in the court case and not the board of trustees.
Founder members such as chairman Richard Chiminya and Freddy Mkwesha only benefit in the judgement in their capacities as listed directors of the company.
“It is declared that Dynamos Football Club is an independent club with the right to manage its own affairs except as prohibited by the law,” reads the judgement. “It is ordered that the respondent or its appointees be and are hereby interdicted from participating in the management or the administrative affairs at Dynamos Football Club.”
The respondents in the application are cited as the Zimbabwe Football Association, the Dynamos membership committee and the Sports and Recreation Commission.
Sifelani’s camp had also appealed for the nullification of a judgement by Justice Charles Hungwe directing that elections be held at the club in terms of its 1994 constitution, and for the endorsement of the 1963 constitution. Both requests were granted in the latest judgement.
“The 1963 Dynamos Football Club constitution has not been lawfully amended and remains the only lawful constitution of the club,” the Supreme Court further ruled. “The ownership and management of Dynamos Football Club shall continue in terms of the 1963 constitution until such time as it is lawfully repealed or amended.”
According to the 1963 constitution, the board of trustees must be an elected body and should transform into the board of directors of Dynamos (Pvt) Ltd, which is an advisory role.
“The board of trustees will become the board of directors of the Dynamos (Pvt) Ltd company by virtue of being members of the elected board of trustees,” Article 16 of the constitution specifies.
“The club will be the sole property of the Dynamos (Private) Ltd,” the constitution says.