Magaya, one of five disqualified candidates, did not submit an O-level certificate and argued that ZIFA’s decision not to accept his alternative qualifications was “unreasonable,” “discriminatory,” and “unlawful.”

He cited ZIFA Normalisation Committee chairman Lincoln Mutasa, the ZIFA Electoral Committee, and the ZIFA Normalisation Committee as respondents.

The ZIFA Ethics Committee disqualified Magaya for not submitting the required O-level certificate with five subject passes. Said the judge:

There was nothing grossly unreasonable and irregular in the decision reached to disqualify the applicant, who has not done himself good by withholding facts and not being candid with the court with information, which he says, if this decision is set aside and he places it before the vetting committee, the decision may be deferred. Accordingly, the challenge by the applicant cannot succeed.

It is my view that the challenge by the applicant was not frivolous or vexatious and involved a matter of public interest. I am of the view that the appropriate order in relation to costs is one in which each party must pay its own costs.

Accordingly, I dispose of this matter as promised. This application is dismissed, and each party will pay its own costs.

Magaya and his lawyers argued that ZIFA did not consider his tertiary qualifications, including diplomas from the University of South Africa (UNISA).

He claimed his higher qualifications, a certificate in marketing and another in theology, should meet ZIFA’s requirements for equivalent qualifications.

Magaya argued that the Electoral Committee made a mistake by not considering his tertiary qualifications and not informing him in writing within seven days that additional documents were needed.

He also said the committee lacked a clear appeal structure.

However, Justice Chitapi ruled that the issue is not whether a diploma is higher than O-Level, but that the minimum requirement of five O-Level passes must still be met. Said the judge:

The issue is not whether a diploma is higher than O-Level, but that the minimum requirement of five O-Level passes must still be met. Even a PhD holder must produce an O-Level certificate.

The requirement to have O-levels or their equivalent must be met. The effect that holds a degree, which is a higher qualification, does not, unless the requirements absolve the applicant from producing an O-level qualification or equivalent.

It is incorrect as established by the applicants that O-levels are a minimum requirement. The minimum refers to a number of subjects, which is given as five O-levels. Thus, if a candidate has passed less than five subjects, he cannot qualify.

What this means is that the applicant will have to produce the equivalent education, which shows that the educational qualification is indeed equivalent to a minimum of those five O-level subjects and must give an indication of the curriculum that is covered by that equivalent.

The applicant will be required to produce the O-level certificate or equivalent, even if he holds a PhD. That is the spirit behind Article 38 (of the ZIFA constitution).

The ruling means that ZIFA can proceed with elections on 25 January 2025 without worrying about legal challenges in formal courts.

Justice Chitapi also dismissed another High Court application by Temba Mliswa earlier this week.

However, Magaya, Mliswa, Benjani Mwaruwari, and Gift Banda, who wanted to contest the vice-presidency, still have pending cases with the Court of Arbitration for Sport in Switzerland, as per Article 65 of the new ZIFA constitution.

Six candidates — Philemon Machana, Nqobile Magwizi, Marshall Gore, Martin Kweza, Makwinji Soma-Phiri, and Twine Phiri — have been cleared to run for ZIFA presidency.