The Premier Soccer League has rejected ZIFA’s attempt to impose Kenny Mubaiwa as the PSL chairman and says it will not recognise the appointment.
With the two bodies in a bitter standoff ZIFA had appointed Mubaiwa as the PSL chairman and directed him to whip PSL into line. The PSL is without a chairman after Peter Dube was suspended by ZIFA.
ZIFA had tasked Mubaiwa to co-operate for an audit as well as investigate and come up with a report on PSL CEO Kennedy Ndebele who Philip Chiyangwa has accused of sponsoring and fanning divisions.
However in a detailed reply through PSL’s attorneys ZIFA has been told the Premier League that it does not recognise Mubaiwa as the PSL chairman.
In your letter under reply you purport to have appointed Mr. Keni Mubaiwa as the Chairman of the PSL. This you claim to have done in terms of Article 34 (e) and (O) of the ZIFA Constitution. We advise as follows: –
3.1 The Articles of the ZIFA Constitution that you purport to rely on do not in fact give you the powers to “appoint” office bearers for affiliates. The said Articles read in relevant part as follows:
“Article 34 Powers of the Executive Committee
The Executive Committee:
- e) shall appoint the Chairman, Deputy Chairman and members of the Electoral Committee;
- o) may delegate tasks arising out of its area of authority to other bodies of ZIFA or third parties.”
3.2 Article 34 (e) of the ZIFA Constitution relates to the appointment of the Electoral Committee established under that Constitution. It cannot be stretched to cover the appointment of the Chairman of an affiliate let alone an affiliate whose office bearers are appointed or elected in terms of such affiliate’s Constitution. You have acted outside both power and capacity in this regard.
3.3 Article 34 (o) of the ZIFA Constitution relates to the delegation by the ZIFA Executive Committee of its powers under Article 34 (a)-(n) of that constitution. The appointment of a Chairman for the PSL or any affiliate of ZIFA is certainly not one of the functions of the ZIFA Executive Committee and cannot thus be delegated. You cannot in short, delegate a power you do not have.
3.4 The PSL which in correspondence from your good offices and statements attributed to the Chairman of the ZIFA Constitutional Review Committee has been asserted to have no legal recognition under the ZIFA Constitution, is an affiliate of ZIFA. It has an existence independent, distinct and separate of ZIFA. It has specific constitutional provisions for the election or appointment of its office bearers.
3.5 The PSL Board of Governors remains extant and capable of executing its functions as such. It has not, seating as an electoral college in congress, elected Mr. Mubayiwa as its Chairman. The position remains as resolved by the Special Congress of the PSL, namely that pending the disposition of the matter relating to the status of its “suspended” Chairman, the PSL shall be superintended over by the Emergency Committee established by Article 33 of its Constitution.
3.6 The PSL Emergency Committee (with the exception of Uriri who has voluntarily withdrawn from all football related administration functions regardless of his purported “suspension”, “reinstatement” and “re-suspension”) remains capable of discharging its duties as such.
3.7 The PSL Chief Executive Officer is mandated by resolution of the Special Congress aforesaid to report to the Emergency Committee. The PSL CEO will continue to report to the Emergency Committee as resolved. Until the PSL Congress resolves otherwise, and for the avoidance of doubt, the PSL Board of Governors does not recognise your appointment of Mr. Mubayiwa as the Chairman of the PSL. The PSL, its Board of Governors and Emergency Committee remain bound by resolutions of the Special Congress aforesaid and will accordingly not follow your directive to comply with instructions given by Mr. Mubayiwa in his capacity as your imposed Chairman of the PSL.
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