DeMbare appeal struck off

HARARE - The Supreme Court has struck off the roll Dynamos’ appeal against an arbitral award granted in favour of its former captain Guthrie Zhokinyi, who is demanding his salary and benefits amounting to $14 000.

The matter was struck off the roll after Dynamos’ lawyer Tawanda Zhuwarara sought to amend the relief.

He intended to have another line added to the relief stating the Glamour Boys’ desire to have the High Court ruling granted in favour of Zhokinyi set aside.

However, Zhokinyi’s lawyer Regina Mabwe said because of that, there was no proper appeal before the court.

Zhuwarara conceded to the point and agreed to have the matter struck off the roll.

The Supreme Court bench led by Elizabeth Gwaunza ruled that the relief sought must have been clearly stated from the onset as that is in terms of the Rules of the court.

“The matter is struck off the roll and there shall be no order as to costs,” Gwaunza ruled.

The appeal was made after the High Court upheld the judgment delivered by an arbitrator, ordering Dynamos to pay Zhokinyi $14 250.

High Court judge Amie Tsanga, in September 2015, ruled that DeMbare must pay Zhokinyi his outstanding signing-on fees and other entitlements, as was directed by the arbitrator, only identified as K Segula.

“The arbitration award made by arbitrator K Segula on February 17, 2015 be and is, hereby, registered as an order of this court.

“Respondent be ordered to pay interest at the prescribed rate from the date of award to date of final payment. Respondent is ordered to pay costs of suit,” Tsanga’s judgment reads.

The judge said Dynamos should have properly terminated Zhokinyi’s contract in terms of clause 8 of the agreement.

Zhokinyi was given a life ban from all football activities within the Zimbabwe Football Association (Zifa) jurisdiction following his alleged involvement in the Asiagate match-fixing scandal.

In their appeal, Dynamos argued that since Zhokinyi had been banned from all football activities by Zifa, they could not continue paying his salary.

Zhokinyi told the court that he signed a fixed-term contract of employment with the Glamour Boys in 2012, which Tsanga said must not have been terminated.

“The arbitrator’s findings were correct . . . a contract of employment is concluded by an employer and employee and can only be terminated by one or other of them. Neither of the parties in this case terminated the contract of employment.

“The respondent (Zhokinyi) is therefore entitled to his outstanding salaries and benefits. I cannot fault the arbitrator’s findings,” Tsanga ruled.

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