Former legislator and sports personality Temba Mliswa has appealed to the courts, arguing that the Zimbabwe Football Association (ZIFA) Ethics Committee, which barred him from contesting the organisation’s presidency, is conflicted and conducted flawed processes.
The ZIFA Ethics Committee ruled Mliswa ineligible due to his alleged failure to submit O-Level qualifications.
In a statement posted on his X (formerly Twitter) account over the weekend, Mliswa, through his lawyer Musindo Ongwe, criticised the vetting process that disqualified him, calling it “untenable and unreasonable.”
“The disqualification criteria stated that there was non-submission of O-Level qualifications, yet the ZIFA statutes explicitly require O-Level qualifications or their equivalent. Our client submitted qualifications that are clearly above the O-Level standard, which is the minimum threshold set by the ZIFA statutes. It is illogical and incomprehensible to disqualify someone for holding higher qualifications than the minimum required,” said Ongwe.
Ongwe confirmed that Mliswa has filed an appeal with the Court of Arbitration for Sport, in accordance with ZIFA statutes.
Concerns Over the Normalization Committee’s Processes
The lawyer also raised concerns about the ZIFA Normalization Committee’s handling of constitutional and electoral processes, describing them as irregular.
“The Normalization Committee has carried out its mandate in an abnormal manner. As part of its role, the committee facilitated a constitutional amendment process, which had to be ratified by ZIFA at a congress,” Ongwe explained.
According to Ongwe, a ZIFA congress was convened on 18 October 2024, where delegates resolved to adopt the draft amended statutes. These were subsequently submitted to and adopted by the Sports and Recreation Commission. The amended statutes now form the basis for the ongoing ZIFA electoral processes.
However, Ongwe argued that the congress was not properly constituted.
“The ZIFA congress can only make lawful decisions if it is properly constituted. The delegates present on 18 October 2024 lacked the mandate to transact any football business on behalf of ZIFA. All ZIFA councillors present had their terms of office expire as far back as October 2022. Therefore, they had no lawful authority to adopt the amended ZIFA statutes,” Ongwe said.
Allegations of Illegality
Ongwe described the process as fundamentally flawed.
“The adoption of the ZIFA statutes in 2024 is marred by irregularities. If those who participated lacked a valid mandate, the process and its outcomes are invalid. It is akin to the fruit of a poisonous tree, which can only yield poison,” he added.
Mliswa’s legal team is now challenging the legality of the ZIFA 2024 statutes and the ongoing electoral processes based on them.
“We have approached the courts to review whether the ZIFA statutes of 2024, which underpin the current electoral processes, were lawfully promulgated. We firmly believe they were not,” Ongwe concluded.
The case has sparked debate within Zimbabwe’s football community, with many closely watching the outcome.
