The National Football Association of Zimbabwe (Nafaz) and the Sports and Recreation Commission (SCR) are set for an intriguing battle over the dissolution of Zifa with the former refusing to take instructions from the supreme sports body in the protracted matter.
By Kevin Mapasure
Letters have been flying between Nafaz president Philip Chiyangwa (pictured) and acting director general of the SRC, Joseph Muchechetere in the last few weeks.
In his last correspondence on June 20 Muchechetere advised Chiyangwa that the process that led to the dissolution of Zifa on June 4 was flawed declaring the outcome null and void.
“The SRC note that the dissolution of Zifa was unprocedural as it was not done in conformity to Article 77.1 of the Zifa constitution in that the notice which convened the 4 June 2016 Zifa Congress did not include the dissolution of Zifa as an agenda item and no congress was specifically convened for the purpose of the dissolution of Zifa,” wrote Muchechetere.
“We also note that Fifa, in their two advisory letters to Zifa dated 21 April 2016 and 16 June 2016 advised that the dissolution of Zifa should be done procedurally according to the terms of its statutes and also that any such dissolution should be executed correctly in accordance with the laws of Zimbabwe.
“In light of the above and as the regulatory body mandated to ensure the proper administration of organisations…SRC confirms that the attempted dissolution of Zifa is therefore null and void. In this regard, Zifa is considered to be still in existence and as such, all football transactions should be done in the name of Zifa.
But Chiyangwa hit back on June 22 telling Muchechetere that his organisation was not empowered to give any directives on the dissolution.
“In respect of your letter of June 20 2016, firstly I wish to note that you do not refer to any provision of the Sports and Recreation Commission Act which entitles you to make the determination as you purport to, on the validity of decisions taken by Zifa,” reads part of his letter. “It is clear that there is no provision of the Sports and Recreation Act which authorises you to act in the manner you are doing. You are assuming authority you lack.”
He argued that some of the decisions Muchechetere was making could only be made by a SRC board which at the moment, does not exist.
“I further note that the provisions of the Sport and Recreation Act are very clear that certain decisions are exclusively for the Sports and Recreation Board as defined in section 2 of the Sports and Recreation Act. You must be aware that there is no Sports and Recreation Board currently in place. You cannot unilaterally take the role of the Commission which ought to be appointed properly in terms of an Act of Parliament. It seems clear that even if there was a board in place it would not have the powers you have arrogated yourself.”
Chiyangwa also argued that the dissolution of Zifa, which Muchechetere said was not on the agenda, was covered on agenda item 8.0 which stated there would [be presantation of the circulated financial report and way forward.
Chiyangwa added that Muchechetere was witness to the June 4 events where all Zifa members accepted the validity and correctness of the agenda.
He argued that it was not the SRC’s role to communicate with Fifa. “Zifa’s affiliation with Fifa had nothing to do with its registration as a national association with the SRC. Zifa enjoyed cordial and contractual relations with Fifa. It is entirely up to Zifa to guide Fifa on the completion of its liquidation process. The SRC has no role to play in the relationship between Zifa and Fifa.”
The businessman also advised the SRC that its role and that of the sports ministry was only to strike off Zifa from the register.
Chiyangwa challenged Muchechetere over why he supported the desolution of Zifa in a June 11 letter to Fifa, he co-authored with Chiyangwa.
“Your letter of June 11 confirms your full acceptance of the Zifa dissolution and correctness of Nafaz application for registration. You cannot approbate and reprobate. You can’t change positions on a daily basis. We also note that in your letter of June 4 you are very keen to appoint a leadership in football. That you cannot do. Any appointment by government of a football leadership will attract a ban on Zimbabwe international competition.”