Twine Phiri and Phillemon Machana are contesting the legitimacy of the 25 January ZIFA presidential election, citing third-party interference and pressure on delegates. They are seeking a fresh election and demand Nqobile Magwizi be barred from contesting, claiming the process was not free and fair._
HARARE – Twine Phiri and Phillemon Machana have taken their legal battle over the legitimacy of the Zimbabwe Football Association (ZIFA) presidential election held on 25 January 2025 to the Court of Arbitration for Sport (CAS).
The claimants are challenging the election of Nqobile Magwizi as ZIFA president, alleging that third-party interference compromised the integrity of the process and rendered it illegitimate.
Magwizi became the new Zimbabwe Football Association (ZIFA) president after a landslide victory in an election overshadowed by allegations of impropriety. The businessman secured 61 of the 77 votes cast (80%), while his closest rival, Machana, received six votes. Phiri garnered four, Marshall Gore received one, and Makwinji Soma Phiri finished without a single vote.
In their submission seen by _Kukurigo Sport_, Phiri and Machana are seeking a declaration that the election was invalid and an order for ZIFA to hold fresh polls within 30 days. They argue that the delegates who participated in the January election should be replaced by new representatives nominated per Article 27(1) of the ZIFA Constitution. Additionally, they request that Magwizi be barred from contesting the fresh election due to his alleged failure to distance himself from external influences during the disputed poll.
The arbitration request, filed on 29 January 2025, also includes a demand for interim measures to prevent further actions by the current ZIFA leadership until the case is resolved. The claimants have appointed legal practitioner Method Ndlovu to represent them, with Ncube Attorneys serving as the solicitors of record.
ZIFA is named as the second respondent in the case. According to the ZIFA Constitution, CAS holds jurisdiction over such disputes, which must bypass local courts and be resolved by the international tribunal.
The claimants argue that the election was marred by undue influence from third parties, which rendered the process illegitimate. The applicants claim that the election did not comply with the principles and obligations set forth by ZIFA statutes, asserting, “The holding of elections inconsistent with the principles and obligations is illegitimate. Consequently, the election for president of ZIFA was affected by undue influence by third parties, and ZIFA did not inform FIFA and CAF immediately about such interference as is peremptory. The failure to adhere to all the relevant ZIFA Statutes is fatal to the election conducted for president of ZIFA.”
One of the key allegations revolves around the role of Zimbabwean businessman Wicknell Chivayo, who allegedly issued a statement before the election endorsing Magwizi’s candidacy. “A third party, Wicknell Chivayo, who is a prominent businessman in Zimbabwe, issued a statement before the election that he preferred [Magwizi] to be elected president of [ZIFA].”
The claimants allege that Chivayo further promised to gift Magwizi a top-of-the-range vehicle and US$10 million if he was elected, in addition to offering brand new cars to the 78 voting delegates.
The application also contends that Youth minister Tino Machakaire compounded the situation by endorsing Magwizi before the election, with claims of one delegate being caught taking a photo of his ballot as proof of voting under duress.
“Government wields power in a nation. When its senior official issues a statement as to who should be voted for and become president of ZIFA; that invariably puts a lot of pressure on the voting delegates,” reads the application.
“No wonder why one voting delegate was caught taking a photo of his cast ballot while in the voting booth. This was meant to show his handlers how he had voted. The probabilities are that he and his fellow voting delegates were under pressure to show third parties how they had voted,” Phiri and Machana further said.
The arbitration proceedings aim to determine whether undue influence from third parties invalidated the election and whether ZIFA adhered to its obligations to report such interference to FIFA and CAF. The claimants seek a declaration that the election was not free and fair, with an overwhelming majority of voting delegates allegedly voting under duress. The case continues.
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