Nomads bemoan FAM’s failure toengage a lawyer for appeal case
Mighty Mukuru Wanderers have lamented FAM competitions committee’s failure to engage a lawyer for the Nomasds’ appeal case against determinations by the committee on their abandoned Airtel Top 8 quarter-final against Silver Strikers.
The Nomads’ appeal was heard on Saturday in Blantyre by the Football Association of Malawi (FAM) appeals committee.
It followed the competitions committee’s decision to award the match to Silver by a 2-0 margin after finding Wanderers guilty of causing the abandonment.
The Nomads were also slapped with a K24.5 million fine for, among others, bringing the game of football into disrepute, causing the abandonment of the match and damage of 239 seats by their supporters.
In an interview yesterday, Nomads’ lead lawyer Kalekeni Kaphale said: “The hearing went on well. To lament though, that the other side could have done well to bring a lawyer having been notified that Wanderers FC was bringing a team.
“Nonetheless, they engaged us intelligently.”
Apart from Kaphale, the Nomads team also had private practice lawyer David Kanyenda and their legal adviser Chancy Gondwe.
Others were one of the club’s directors Limbani Magomero, acting chief executive officer Roosevelt Mpinganjira, media officer Chimwemwe Kaonga, head coach Mark Harrison and captain Stanley Sanudi.
In his submission, Kaphale argued that the FAM competitions committee erred by not inviting Wanderers to a hearing before making its determinations.
This, according to Kaphale, contravened rules of natural justice and Fifa Disciplinary code “which respects internationally accepted human rights”.
On the committee’s determination that the referee’s decision is final, Kaphale argued that the Airtel Top 8 rules cannot override Fifa rules as rules made by a lesser body under the world football governing body must comply with its rules.
The senior counsel cited various provisions and instances where referees’ decisions were overturned.
On the damaged seats at Bingu National Stadium, Kaphale questioned the change in numbers of seats from 70 to 239, describing it as “outrageous”.
“He contested the development, saying the figures were arrived at without prior involvement of the appellant [Wanderers] during the assessment.
Kaphale asked for the nullification of FAM’s competition committee ruling.
The hearing was chaired by Allison M’bang’ombe with a panel consisting of private practice lawyers Khumbo Soko and Ted Roka.
FAM competitions committee team was led by Williams Banda and the other members included Raphael Humba, FAM general secretary Alfred Gunda and the association’s competitions and communications director Gomezgani Zakazaka.
Banda could not be drawn to comment, saying he is not allowed to speak on the behalf of the committee.
The appeals panel is expected to make determinations today.
