Boxing promoter challenges ban

HARARE - Leading local boxing promoter Clyde Musonda has approached the High Court challenging his ban from practising after his licence was revoked in January for allegedly flouting the Zimbabwe National Boxing Control Board’s (ZNBCB) rules and regulations.

Musonda, who is the managing director of Deltaforce Boxing Academy, was also further accused of using members of the First Family to solicit for sponsorship without board’s permission, while issuing interviews to the media on professional boxing without clearance.

In his application at the High Court, Musonda cited ZNBCB general secretary Patience Musarirambi, the board and the Sports ministry as the first, second and third respondents respectively.

In challenging the ban, Musonda vehemently disputed the allegations and is therefore seeking a review, claiming the board took an irregular decision.

“It is clear from the afore going, that the actions in the proceedings of the 1st (Sports, Arts and Recreation ministry) and 2nd (ZNBCB) respondent was procedurally defective. The 2nd respondent’s failure to allow the applicant right to make representations was ulta vires to the common law principles of natural justice,” reads Musonda’s application.

“Further the proceedings themselves on the onset and to the end were in contravention of the Section 3 of the Administration of Justice Act which provides for fairness in hearing conducted by Administrative bodies such as the 2nd Respondent in that:

“The 1st and 2nd respondents acted unlawfully, unreasonably and in an unfair manner when they failed to give adequate notice, nature and purpose of the proposed action. Further the manner of service of the letter inviting the applicant was for the ‘meeting’ was done via email. This was irregular considering they were summoning the Applicant for disciplinary proceedings.”

He also argued that the ministry and the board had acted unlawfully by not notifying him of the nature of the proceedings and charges he faced, adding that he was not advised that a meeting he had been asked to attend was in fact a disciplinary hearing.

“The applicant only became aware of the alleged meeting was a disciplinary hearing when he was served with ban letter dated the 19th of January 2018. The offences which were proffered by the 1st Respondent were unfounded and baseless, as they are not in terms of any law and do not warranty harsh verdict of banning of the applicant,” Musonda said.

He said he even asked for the postponement of the meeting, a request which was allowed, only for the board to nail him in his absence.

“The 1st and 2nd respondents acted unlawfully, unreasonably and in a unfair manner when after having has taken the action against the applicant and failed to supply written reasons within the within a reasonable period after being requested to supply reasons by the person concerned,” he said, further seeking an order setting aside the ministry and the board’s decision.

The National Boxing Control Board have not yet responded to the application in the matter.

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