Nomads accept verdict

Mighty Mukuru Wanderers are out of the Airtel Top 8 after losing an appeal against Football Association of Malawi’s (FAM) disciplinary committee ruling on their quarter-final first leg following their decision to abandon the match against Silver Strikers.

The Nomads also forfeited the second leg after failing to show up.

In the appeal, Wanderers wanted the appeals committee to set aside the disciplinary committee’s ruling in its entirety and that pending hearing and determination of the appeal, the decision that they had lost the second leg 2-0 for failing to turn up for the match be put aside.

However, the panel comprising chairperson Arthur Nanthuru, vice-chairperson Felix Tambulasi and members Paula Caetano as well as Louis Ulaya heard the case on December 13 where Kalekeni Kaphale, David Kanyenda, Humphrey Mvula and Roosevelt Mpinganjira represented Wanderers while Wanangwa Kalua represented FAM.

According to the determination, the appeals committee has since upheld the ruling that the Nomads lost the match 2-0 for causing the abandonment of the game and will have to pay for the damages caused at the Bingu National Stadium in Lilongwe allegedly by their fans. The damage is estimated at K22 million.

The determination dismisses Wanderers’ argument that FAM disciplinary committee erred in law and in fact in determining and finding that Wanderers players caused the abandonment of the match.

The ruling reads in part: “The panel agrees with the respondent [FAM] that the undisputed evidence before the first instance panel shows that it was Mighty Mukuru Wanderers FC players who caused the abandonment of the match by refusing to continue play in protest of the referee’s decision.”

Wanderers’ argument that FAM did not provide enough evidence to prove that it was not their supporters who caused damage at the stadium has also been dismissed.

Reads the ruling: “The appellant submitted that the sanctions imposed on it, including one requiring it to pay an amount in the region of K22 000 000, are excessive and that the FAM disciplinary committee should have taken into account the fact that the appellant is not a repetitive offender and the contribution of Silver Strikers, the referee and the Competitions Committee to the incident.

“On the other hand, the respondent submitted that the appellant should be liable to the restitutory fine of MK22 083 400. The panel is of the view that the restitutory fine of MK22 083 400 be maintained.

“We have no reasonable ground to question the fine imposed by the first instance panel in exercise of its discretion. Indeed, we do not see any unreasonableness in the fine itself in light of the recent devaluation of the kwacha which undoubtedly translates into a higher cost of repairing the damage.”

However, the appeals committee has scraped the K2 million and K500 000 fines imposed on Wanderers for abandonment of the match and bringing the game of football into disrepute.

“The panel is of the view that the forfeiture and the restitutory fine of MK22 083 400 sanctions should be enough to cover for the appellant’s wrongdoing,” the ruling reads.

FAM competitions and communications director Gomezgani Zakazaka said following the ruling, Wanderers are officially out of the competition and Mafco will face Silver Strikers in the semi-final next Tuesday.

Wanderers have since accepted the ruling, saying they will not take the matter further as earlier indicated.

A letter dated December 21 to FAM signed by board secretary Chancy Gondwe reads: “Kindly be advised that as Wanderers, we have accepted the ruling being a ruling by the court of last instance. Though we intended to escalate the issue to the Court of Arbitration for Sports, we feel we must accept this ruling in the interest of football in this country.”

However, Gondwe said they would only challenge the issue of K22 million fine.