KB boss Dares FAM
Kamuzu Barracks (KB) team manager Francis Nthukwa Shaba has invoked freedom of expression to defend his controversial call for the resignation of Football Association of Malawi president Walter Nyamilandu.
Shaba asked the Nyamilandu-led executive to resign following a fracas at Chilomoni Stadium during a Carlsberg Cup match between KB and Nyasa Big Bullets.
He claimed he was allegedly locked up in the changing rooms by Bullets supporters to prevent him from entering the pitch during warm-ups for juju fears, a development which he attributed to FAM’s failure to provide security for the visiting team at a venue he said, was not fit for a high profile match.
FAM has since charged Shaba with undermining football authorities and making statements in the media contrary to Article 24.15 and 24.16.
But in response Shaba, who is being represented by private practice lawyer David Kanyenda, tore into the charges, saying he was exercising his constitutional right.
“My legal practitioners have also advised me that I enjoy the constitutional right to hold and express an opinion or to make a comment on any matter, especially those in the public domain.
On FAM’s 48 hours period to respond to the charge in writing, Shaba said: “My lawyer intends to make representations on my behalf through an oral hearing and to cross examine your witnesses and to review any documentary evidence you may adduce against me. Further, upon receipt of the transcript of the recorded interview, it may become imperative to adduce evidence in rebuttal.”
“I would, therefore, urge you to do the needful in the interests of safeguarding the integrity of the entire proceedings. In the event that you fail, refuse and neglect to take the proposed remedial actions, I have instructed my legal counsel David Kanyenda to vitiate and nullify the entire process and I trust that you shall endeavour to avoid this unfortunate scenario.”
Commenting on the charges, analyst Charles Nyirenda said FAM has a right to put order in the football circles, however, he accused the association of selective justice.
He said: “To me it’s like selective justice. Day in, day out people vent their frustrations about this and that in football, but they are hardly taken to task. How often are referees abused by players and club officials at football matches and how many get punished for their actions? Why is this case so special? Is it because he called for the resignation of the FAM boss?
“We need to have the same standards to apply across the board when charging football officials and other stakeholders of bringing the game into disrepute. FAM fails to impose bans on hooligans well known to be vermin to the game. I feel the body has a responsibility indeed to ensure order in the game by using the same measurement of what constitutes unacceptable conduct deserving sanctions. And execution of such responsibility should not be selective whatsoever.”
But FAM chairperson of the competitions subcommittee, Jabbar Alide, who is also the association’s legal adviser, said FAM affiliates are expected to abide by rules and regulations.
“Football is a defined institution with rules and regulations. Those that choose to partake in it as players, referees, officials and coaches agree to abide by these rules. One of the rules is that one is supposed to take his grievances through the set channels and not on air because doing so takes away the institutional respect of the sport.
“There are a lot of people who insult FAM officials, but we do not take action because they are not part of us. But if an official does this, FAM has a right to discipline such a person. Mr. Shaba is an official of Kamuzu Barracks, who are Super League of Malawi [Sulom] affiliate. Sulom is an affiliate of FAM.
“Basically, this is a case in which a simple comment after a match was used to call upon government to ask FAM president to resign. Was this a proper way of doing things?” n
