Newly-elected Netball Association of Malawi (NAM) interim president Vitumbiko Gubuduza says constitutional review is the body’s priority as they re-align the sport’s operations with modern trends.
The ex-netball player, who doubles as NAM legal adviser, yesterday said the constitution has grey areas.
“We need to put our house in order to ensure netball operations are not affected in any way if certain situations arise,” she said.
“We will review the entire constitution, add some missing areas and clarify some areas, including making comparisons and learning from what other institutions are doing.”
Gubuduza cited the constitution’s silence on no leadership vacuum in case the entire executive committee (Ex-co) resigns as was the case recently.
She and fellow NAM exco-members were ushered into office last week to replace the previous Abigail Sharrif-led committee that stepped down a few weeks ago with a year remaining on their four-year tenure of office.
The former CivoNets shooter added that there is also a need to put in place a clause that properly re-define roles and responsibilities of each ex-co member.
The constitutional amendment also targets the incorporation of netball committees such as Men’s Netball and Bench Officials committees into the ex-co.
NAM general secretary Yamikani Kauma said a special committee within the ex-co has been set up to further scrutinise the constitution.
She said: “Most of the areas in the constitution are archaic and do not reflect the advancements that are taking place in netball across the globe.
“We also need to ensure the netball graduates from being a social game to becoming a commercial sport. We need to put in place clauses that will help us market the game and attract viable partnerships with the corporate world.”
Netball analyst and lawyer Wesley Namasala said NAM’s plans for a constitutional review are a step in the right direction.
“The constitution is not merely a piece of paper, it is a living document. It must always remain relevant by being responsive to the ever-changing dynamics. It must not be riddled with gaps. It must also not be ambiguous,” he said.
Namasala cited Article 24.3 of NAM’s constitution as a good example of a clause that needs proper clarification. The article provides that an executive committee member, namely president, vice-president, general secretary, vice-general secretary, treasurer and vice-treasurer shall serve for a maximum of two consecutive four-year terms.
Said Namasala: “The question is if one serves as a vice-treasurer for two consecutive terms, she/he has finished her/his terms as an ex-co member. Now, can such a member serve other terms if he/she runs for a different position like general secretary in the next elections? The constitutional review should aim at providing clarity on such aspects.
“Another question is whether an ex-co member, after serving two consecutive terms, can take a break and bounce back. If not, then, I think that could be addressed by removing the word ‘consecutive’ and the provision should simply provide a ‘maximum of two terms’.
