Somba challengesmwenda candidature

Football Association of Malawi (FAM) vice-presidential aspirant Tiya Somba Banda, has challenged his opponent James Mwenda’s candidature, arguing that he did not submit a Malawi School Certificate of Education (MSCE), one of the requirements for contestants of the position at the December 12 polls.

Somba, through his lawyer John Gift Mwakhwawa, has faulted the electoral committee for approving Mwenda’s candidature despite the FAM executive committee member not submitting the academic qualification.

The appeal states that FAM electoral committee erred in failing to interpret FAM statutes

purposefully when it allowed Mwenda to stand for election.

“Article 34.2 of the statutes of the Football Association of Malawi states that for one to be eligible to be a member of the executive committee of FAM, they must have a minimum academic qualification of MSCE or its equivalent.

“A true construction of the above provision is that one must have an MSCE or its equivalent as a bare minimum. Any other qualification such as a diploma or degree must be founded on the premise that they were deserved and obtained after obtaining an MSCE or its equivalent.

“The requirement for a minimum MSCE or its equivalent must be understood to stem from the intention of the drafters of the statutes, which is , that in Malawi one cannot be enrolled to a public university of higher learning without first obtaining an MSCE or its equivalent,” the appeal reads in part.

Somba further faults the electoral committee for failing to vet the certificates that Mwenda submitted.

“The electoral committee ought to have vetted any academic certificates submitted by James Mwenda when he failed to submit his MSCE or its equivalent and having failed to do so, James Mwenda cannot be held eligible to stand for the election.

“The electoral committee should have inquired into and vetted the qualifications of James Mwenda that entitled him entry into an institution from which he obtained his qualifications,” the appeal concludes.

Somba confirmed that he had filed the appeal.

“As a candidate, I am an interested party,” he said.

Mwenda, on Saturday refused to comment on the matter.

“I submitted all relevant documents to the electoral committee. Otherwise, I do not want to comment.”

Somba’s petition makes the number of appeals to come up to four.

Canada based presidential aspirant Yabwanya Phiri, has appealed against his disqualification.

Paul Mzungu, who was disqualified for not filing a profile and Hubert Mfune, who did not submit a copy of MSCE, have also appealed.

FAM yesterday started hearing the appeals.

“We have up to Wednesday to release the final list of candidates for the elections,” FAM general secretary Suzgo Nyirenda said.