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OpenMliswa Withdraws Urgent Court Application To Stop ZIFA Elections
The Zimbabwe Football Association (ZIFA) Normalisation Committee is relieved that one of the two court cases trying to stop this week’s election ended in their favour, reported The Herald.
On Tuesday, presidential candidate Temba Mliswa withdrew his urgent High Court application to stop the election.
ZIFA’s lawyer, Lovemore Madhuku, argued successfully that Mliswa’s case was not urgent.
Mliswa and another disqualified presidential candidate, Walter Magaya, have been trying to postpone the elections scheduled for Saturday at the Rainbow Towers in Harare.
Justice Tawanda Chitapi will decide on Magaya’s challenge on Thursday.
Mliswa was challenging the election process and the new ZIFA rules adopted by Congress on October 18 last year.
The urgent review application was supposed to be filed within eight weeks, but Mliswa submitted it after 11 weeks. Said Madhuku:
After some three hours of argument, we were able to reach a position where Mliswa, through his legal counsel, conceded that the review application was out of time, which then made the urgent chamber application not founded on that.
For us ZIFA, we are happy that at least one challenge is out of the way and that the next one will happen in two days.
Mliswa and his lawyer had to withdraw their urgent application for review because it was filed too late.
However, Justice Chitapi said Mliswa could still pursue the case through a regular court application.
Mliswa’s lawyer, Musindo Hungwe, admitted that they had missed the deadline. He said:
The outcome of the matter is that after the argument and the issues raised in relation to the time frame within which the main application for review was filed, it became clear that the application was filed a bit out of time, and we have made a confession to that effect.
Given that concession and the need for condemnation in that aspect, we have considered that this present application be withdrawn.
So effectively we have withdrawn the application, a decision that has been accepted by the respondents. So, that is the status of the case.
Mliswa, one of the five candidates disqualified by the ZIFA Electoral Committee for not meeting their ethics and eligibility criteria, said he will now pursue the matter through a regular court application.
He argues that the ZIFA Congress, which adopted the constitution for the upcoming elections, had no authority to do so because its term expired in 2022.
However, FIFA had extended the term of Congress as part of the normalisation process and ZIFA reform efforts.
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