Zimbabwe: Ngezi Ordered to Pay Mafu U.S.$200 000

13 September 2024

Premier Soccer League defending champions Ngezi Platinum have been ordered to pay former coach Bongani Mafu a sum close to US$200 000 for unfair dismissal.

The platinum miners were given up to September 10 to appeal against the Fifa determination or face a two-year transfer ban up to the second transfer window of 2026.

According to Fifa documents sent to the member association Zifa, the Confederation of African Football (Caf), and the Mafu camp, the decision was arrived at on August 27, and the parties were sent communication three days later.

Efforts to get confirmation from Ngezi Platinum last night were not successful while the Zifa media department had promised to return to Zimpapers Sports Hub. The Zifa chief executive officer, Yvonne Manwa, was the Ngezi Platinum chief executive officer when Mafu and head coach Benjani Mwaruwari were fired in 2022.

"Ngezi Platinum Stars FC must pay to the claimant (Bongani Mafu) US$196 750 as compensation for breach of contract without just cause. The decision was passed on the 27th of August 2024 by the Fifa football tribunal's player status chamber. The decision was communicated to Ngezi Platinum Stars Football Club, Bongani Mafu, Zifa, and Caf on the 30th of August 2024," read an extract of the letter from the international soccer mother-body.

The judgment comes at a time when the club is also facing another fight with Cosmas Zulu who is demanding a portion of his signing-on fees.

He was discharged from the club, with Ngezi giving him a severance package and refusing to pay outstanding signing-on fees from his four-year contract signed in 2019.

Takesure Chiragwi, who replaced Benjani Mwaruwari, came with his own goalkeepers' trainer, leaving Zulu redundant.

Fifa said should any of the parties want a narration of how the decision was arrived at, they would be given the reasons.

"Should any of the parties wish to receive the grounds of the decision, a written request must be received by Fifa, within 10 days of receipt of notification of the findings of the decision. "Failure to do so within the stated deadline will result in the decision becoming final and binding and the parties being deemed to have waived their rights to file an appeal," Fifa wrote.

When contacted for comment, Mafu referred Zimpapers Sports Hub to his football agent, Ndaba Nyathi, who is based in Finland.

"Sorry, I have an agent managing my affairs, kindly speak to him. I am gagged from speaking to the media," Mafu said last night from the UK.

Nyathi could only say: "Mafu tried his best to bring the club to the round table in an attempt to arrive at a compromise. By the principle of pacta sunt servanda (agreements must be kept), but it was all in vain.

"Pursuant to article 8 of Annexe 2 of the regulations on the status and transfer of players, if full payment (including all applicable interest) is not made within 45 days of notification of this decision, the following consequences shall apply:

  1. The respondent shall be banned from registering any new players, either nationally or internationally, up until the due amount is paid. The maximum duration of the ban shall be of up to three entire and consecutive registration periods.

"2. The present matter shall be submitted, upon request, to the Fifa Disciplinary Committee if full payment (including all applicable interest) is still not made by the end of the three entire and consecutive registration periods," Fifa said. The next three transfer windows are January to March 2025, July 2025, and January to March 2026.

At one stage Ngezi Platinum's legal team had written to Mafu's lawyers saying they were not subject to Fifa statutes as Zimbabwe were on suspension:

"We take note of your reference to Fifa statutes. You will be aware that our clients are members of Fifa through the parent body, Zifa. Zifa and all its affiliate clubs are currently suspended from Fifa. It will be an affront to common sense, logic, and law that despite suspension and withdrawal of all related benefits, suspended members retain obligations arising out of their membership. We are therefore of the firm view that the Fifa Statutes do not apply. We therefore advise accordingly."

Mafu and Mwaruwari were fired barely four months into the job in 2022.

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