NAM sparks legal storm
Netball Association of Malawi (NAM) has stirred controversy for engaging the Attorney General (AG) chambers to represent it in a labour dispute against former Malawi Queens coach Peace Chawinga-Kaluwa.
Both Ministry of Youth and Sports and Malawi National Council of Sports have faulted it for going behind their backs on the issue.
Ministry of Youth and Sports says the association cannot engage the AG as their legal representative without Sports Council’s approval.
On the other hand, Sports Council says it is not aware that its affiliate had contacted the AG directly to represent them.
But NAM general secretary Isaac Chimwala, in an interview yesterday, justified their choice of their legal representation as they await the Industrial Relations Court (IRC) to set a date for pre-hearing.
He said: “As a Malawi National Council of Sports affiliate, the Malawi Queens coach is paid by government and the Attorney General is an interested party.”
In an a separate interview, AG Thabo Chakaka Nyirenda confirmed having received instruction to represent the association.
But Ministry of Youth and Sports director of sports Jameson Ndalama yesterday insisted the engagement of the AG without the ministry’s involvement was an anomaly.
He said: “We are aware that there is a case between NAM and their former coach. But we are not aware that NAM has engaged the Attorney General as their representative.
“If the Attorney General was to be involved, it would have to be the Ministry of Sports or Sports Council to issue that instruction to him and not the association.
“Actually, associations do not contact government agencies or offices directly. It has to be Sports Council as the overseer of sports in the country doing that. So, there must have been some misrepresentation somewhere.”
Ndalama said the ministry will find out what happened.
“We will try to get the full information on how this happened and advise accordingly,” he said.
On his part, Sports Council board chairperson Sunduzwayo Madise in an interview yesterday said he was not aware that NAM had engaged the AG to represent it in the case.
“We will find out what happened,” he said.
But in an earlier interview Madise, who teaches law at the University of Malawi, said council was concerned that the issue was taken to court.
He had said: “Though these are labour issues, as Sports Council we are sad. First, it was FAM [Football Association of Malawi and Meck Mwase. The issue is still in court. Now it is NAM and Chawinga-Kaluwa. It seems this is now becoming a trend, when such issues can be solved amicably.
Chawinga-Kaluwa sued NAM in case number 666/2023 over her removal through her lawyers Makiyi, Kanyenda & Associates and the coach wants the IRC to declare that NAM unlawfully terminated her contract, constructively dismissed her and discriminated against her.
But in a statement of claim dated July 14 2023 made through her lawyers, Chawinga-Kaluwa describes NAM’s actions as unlawfully termination of her contract, constructive dismissal and discrimination.
She also accused the association of defamation and procedural and substantive unfairness.
Kanyenda in an interview yesterday refused to comment on NAM using its affiliation to Sports Council to engage the Attorney General.
“At the moment, I won’t comment further about the choice of legal representation by NAM,” he said.
