Judgment reserved in CAPS case

HARARE - High Court judge Owen Tagu yesterday reserved ruling in an application by a Harare man seeking to bar the Zimbabwe Football Association (Zifa) from issuing international clearances for CAPS United Football Club (CAPS United) players.

Nobert Chawira, who is represented by Obey Zimbodza, sued CAPS United, demanding $55 000.

He then filed another urgent chamber application seeking to stop Zifa from issuing out international clearances for any players CAPS United might want to transfer.

However, Tagu reserved ruling in the matter yesterday. In his court papers, Chawira said CAPS had not paid him back the $55 000 they owe after the transfer of Ronald Pfumbidzai and Gerald Phiri to Danish and South African clubs respectively.

“It has come to my attention that first respondent (CAPS United), has sold two players namely Gerald Phiri to Bidvest Wits Football Club of South Africa and Ronald Pfumbidzai to Hobro IK Football Club in Denmark, and is at the verge of obtaining clearance certificates from second respondent (Zifa) in respect of these two players,” the application reads.

He said that he feared the club’s failure to advise him of the Pfumbidzai and Phiri moves and the subsequent failure to advance him the transfer earnings was meant to deprive him of his money.

“Should clearance certificates be issued in respect of these players, I stand to suffer irreparable harm and prejudice in that I would not be able to get my transfer earnings and would not be able to have any compelling effect on the first respondent to release the money to me,” Chawira said.

Chawira told the court he had been given rights to all future Makepekepe transfer earnings to pay off his debt.

“CAPS United Football Club hereby cedes the club’s rights to any transfer earnings that may be realised for the local or international transfer of players currently on the club’s books.

“The club hereby consents and expressly empowers the creditor to recover his debt in part or in full from any future transfer earnings,” reads part of a letter of guarantee signed in August 2013, between Caps’ executive chairman Twine Phiri, the club’s chief executive officer Joe Makuvire and Chawira.

According to the agreement, the club was supposed to settle the debts by end of February last year, but failed to do so, leading to the current legal proceedings.

CAPS, who were represented by Tinofara Hove, asked for further details from Chawira how he arrived at the figure of $55 000.

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