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High Court Reserves Judgment on Magaya’s ZIFA Presidential Bid Challenge
By Court Correspondent | ZimEye | Harare – High Court judge Justice Tawanda Chitapi has reserved his judgment until Thursday in the case involving Walter Magaya, the founder of Yadah Stars, who is contesting his disqualification from running for the Zimbabwe Football Association (ZIFA) presidency.Magaya’s disqualification stems from his failure to produce an O-Level certificate or its equivalent, as required by the ZIFA constitution. Represented by renowned lawyer Thabani Mpofu, Magaya argues that the disqualification is unjustified.
Arguments from Magaya’s Legal Team
Mpofu described the matter as “simple and straightforward,” emphasizing that the ZIFA constitution only requires a minimum qualification of O-Level or its equivalent.a qualification issued by a university exceeds the standard of an O-Level, this application ought to succeed,” Mpofu argued.
He accused ZIFA of failing to provide adequate reasons for Magaya’s disqualification, stating, “The respondents are aware they need to justify their decision but have not demonstrated that the documents submitted by Magaya fail to meet the required qualifications.”
Mpofu also stressed that failing to produce an O-Level certificate does not necessarily mean Magaya does not possess one, adding, “The process allows time to comply and contest discrepancies in documentation.”
ZIFA’s Defense
ZIFA, represented by Professor Lovemore Madhuku, dismissed Magaya’s application as baseless and argued that it was improperly brought before the High Court. Madhuku maintained that ZIFA, as a private non-profit organization, is not subject to judicial review under administrative law.
“ZIFA is not an administrative body. It is a private organization, and its decisions cannot be reviewed by this court,” Madhuku submitted. He further argued that Magaya’s failure to produce an O-Level certificate disqualifies him outright, stating, “The primary requirement is O-Level or its equivalent. Diplomas or higher qualifications cannot substitute this minimum standard.”
Sharp Exchanges in Court
Madhuku criticized Magaya’s legal approach, stating that his argument undermined the clear requirements of the ZIFA constitution. “You cannot skip foundational requirements, just like you cannot start at Grade 4 without completing ECD,” Madhuku quipped.
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