The matter will be heard before Justice Anne-Marie Gowora tomorrow.
The urgent court application came as Chidzambwa’s lawyers were instructing the Deputy Sheriff to attach Zifa House — 53 Livingstone Avenue in Harare, dubbed the House of Madness.
Chidzambwa was contracted as the Warriors coach from November 2008 to April 2010 on a US$5 000 monthly salary of which he received US$27 000 but did not get the balance of US$67 000 as Zifa were facing financial constraints.
In notice of opposition filed on Friday, Chidzambwa’s lawyer Godfrey Mamvura of Scanlen & Holderness said the matter was not urgent.
“I have read Pepukai Mabundu’s (Zifa lawyer) certificate of urgency and I submit that he has dismally failed to establish any urgency. The matter was a civil matter between the applicant and the first respondent, (Zifa) under case No. HC 4939 has been pending before the honourable court since July 2010 when the summons were issued.
“The matter was set down for a pre-trial conference on May 19 at 9.00am. On the May 19 2011 Mr Pepukai Mabudu attended the chambers of the Honourable Justice Makoni without any representative of the applicant (Zifa).
“Since the applicant was in default the first respondent (Sunday Chidzambwa), who had travelled all the way from South Africa to attend the pre-trial conference, applied for default judgement to be entered against the applicant. This was granted,” Mamvura said.
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The applicant in the Zifa’s urgent application is chief executive officer Jonathan Mashingaidze.
Mamvura said in the notice of opposition that “it is misrepresentation of facts for Jonathan Mashingaidze to portray himself as the Applicant”.
“Jonathan Mashingaidze is not an office but an officer. The position of chief executive officer does not per se authorise someone to represent the association in litigation.
“In terms of the Article 34,1.7 of the Zimbabwe Football Association constitution, the President shall represent the Association in all litigation and may delegate this duty. Jonathan Mashingaidze does not aver the President delegated the duty to represent the Association to him in this application. He therefore does not have locus standi to represent the Applicant in this Application.”
Sheriff to attach Zifa property
Chidzambwa’s lawyers intend to instruct the sheriff to attach movable or immovable property belonging to the Zimbabwe Football Association for them to recover the US$67 000 they were awarded by the court on May 19 this year.
The property that the lawyers intend to attach includes Zifa House, which is number 53 Livingstone Avenue in Harare and if the money is not enough, they intend to collect the gate takings of the Warriors Nations Cup match against Mali on June 5.
Court ruled in favour of former Warriors coach
on May 19, Justice Lavender Makoni ordered Zifa to pay US$67 000 to Sunday Chidzambwa owed to him in unpaid salaries and allowances.
Zifa is contesting the decision and they have filed an urgent chamber application to stop the deputy sheriff from attaching Zifa property.
The case will be heard tomorrow by Justice Anne-Marie Gowora in the High Court chambers.
Chidzambwa’s lawyers however are arguing that the case is not urgent.
“Zifa is aware that the day of reckoning is nearer. That is why they are filing the urgent application. The Deputy Sheriff is going to attach anything that belongs to Zifa whether movable or immovable,” he said.
Zifa is arguing that they do not owe Chidzambwa US$67 000 but US$13 000.
The association’s lawyer Ralph Maganga said his client is disputing the contract that was produced by Chidzambwa which said he was supposed to earn US$5 000 per month.
“It is our belief that the contract was doctored. Why was it not produced in the first place? That is why we have filed a stay of execution against the default judgement,” he said.
However, former chairman Wellington Nyatanga and chief executive officer Henrietta Rushwaya, admitted that Chidzambwa is owed such an amount in their founding affidavits attached to the notice of opposition.
Interestingly, Chidzambwa, who is now coaching South Africa Division One side Black Leopards, came from his base to attend to the matter.
