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Fair trading agency probes FAM over refund

Football Association of Malawi (FAM)  is under probe over its decision to refuse to refund fans who bought advance tickets for the cancelled 2026 Fifa World Cup qualifier against Equatorial Guinea on October 9.

The Competition and Fair Trading Commission (CFTC) is investigating the decision, it has emerrged.

The Flames playing a training match following Equatorial Guinea’s no-show. I Courtesy of FAM

CFTC spokesperson Innocent Helema in an interview yesterday confirmed the commission is investigating whether FAM’s stance breaches consumer protection laws.

“We are reviewing the complaints and will also look at the terms and conditions that guided the ticket sales. Upon assessment, the commission will pronounce itself accordingly,” he said.

Helema said pre-sale of tickets must come with clear and fair terms that respect consumer rights.

 “There are supposed to be specific terms and conditions, and these must be fair and equitable to both FAM and football supporters, especially in cases where scheduled matches are cancelled.

“We have seen FAM’s communication and the redress they have provided to consumers. We also take note of the public outcry,” he said.

Helema said in this case, FAM was supposed to come up with satisfactory remedy.

“The baseline, however, is that where a supplier fails to provide a service, consumers should be provided with a satisfactory remedy,” he said.

International standard practice, including Uefa and English Premiership fixtures, is that when a match is cancelled, fans get a refund of the ticket face value.

But following the cancellation of the match after Equatorial Guinea did not show up, FAM said fans who bought tickets for the fixture could instead use them to watch a hastily arranged training match between Flames Possibles and Probables at the same venue Bingu National Stadium or for future matches, including the upcoming Women’s Africa Cup of Nations qualifier between the Scorchers and Angola.

However, some fans have protested the move, demanding refunds since the tickets were purchased specifically for the Flames’ high-stakes World Cup qualifier which was cancelled by Fifa after the visitors failed to travel to Lilongwe.

Football lover Kondwani Dothi, representing a group that bought a corporate box at K300 000, said FAM’s failure to refund them is breach of consumer protection laws.

He said: “We paid for a corporate box for a match between Malawi and Equatorial Guinea. There is no way FAM can force us to watch a training match or another game for the same amount.

“Firstly, the value for the two events is not the same. Secondly, the money we paid is not theirs [FAM], until they deliver the service we paid for.

“To us, it’s a straight forward issue. We don’t know why FAM is behaving like this. E-ticketing is simple because they have details for everyone who bought a ticket.”

Dothi accused FAM of hypocrisy, pointing out that while it is demanding compensation from Equatorial Guinea through Fifa, it is refusing to do the same for local fans.

He said: “FAM is demanding refund for match organisation expenses which it already budgeted for, yet it is failing to refund us the tickets revenue which was not part of the match organisation budget. This is very unfair.”

Football analyst George Chiusiwa said fans have a right to demand refund.

He said: “It’s all about value for their money. Will the match FAM is forcing them to watch be equal in value to the match they paid for?”

FAM competitions and communications director Gomezgani Zakazaka said they will wait for the CFTC’s official communication.

But Consumer Protection Act (2013) Section 43 states that a supplier who fails to deliver a service paid for must offer a refund or an acceptable alternative agreed upon by the consumer.

On the other hand, the Competition and Fair Trading Act (2024) prohibits unfair trading practices and deceptive conduct, including misleading consumers about the nature or value of a service.

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