HARARE – Ambitious politician Temba Mliswa has withdrawn his court appeal against his disqualification from standing as a presidential candidate in this coming Saturday’s Zimbabwe Football Association (ZIFA) election, conceding the court challenge as filed out of time.
The former Norton MP was also seeking to block the elections, pending a determination into his court challenge.
However, through his lawyer, Musindo Hungwe, Mliswa admitted that his application had been filed out of time, something that could have jeorpadised any prospects of success.
The concession was done after parties had argued for over three hours.
Mliswa’s application was based on claims that ZIFA acted in an unconstitutional manner when it allowed its 2024 constitutional amendments to influence the internal election.
He argued that relevant stakeholders were not consulted.
The court heard that Mliswa was disqualified because he did not submit his O’ level certificate. Rather, he submitted an alternative that is a fitness certificate obtained from the United Kingdom.
ZIFA lawyer Lovemore Madhuku argued that Mliswa’s application was not urgent.
Madhuku also said Mliswa failed to give the court all the necessary information sufficient enough for an application to be considered urgent.
“The matter is not urgent. The applicant did not treat the matter as urgent. He only became interested because he was nominated to be the presidential candidate,” Madhuku said.
Added the lawyer, “The applicant has not been honest with the court. The first respondent (Zifa) was not served with Court of Arbitration for Sport (CAS) application. This application has not given full information about that.
“The matter maybe thrown out. In an urgent application you have to be open.”
Mliswa was ordered to pay costs.
The politician was disqualified alongside Yadah Stars founder and preacher Walter Magaya, Warriors legend Benjani Mwaruwari and Zanu PF legislator Farai Jere.
Magaya has since sued ZIFA challenging his disqualification and the judgement is expected this Thursday.