Wanderers win appeal

FAM disciplinary committee has set aside all decisions made by the association’s competitions subcommittee on the abandoned Airtel Top 8 quarter-final first leg between Silver Strikers and Mighty Mukuru Wanderers.

The committee, comprising chairperson Allison M’bang’ombe, vice-chairperson Ted Roka and member Khumbo Bonzoe Soko, which heard the case on Saturday in Blantyre, has ordered that the competitions subcommittee should start all over the disciplinary proceedings.

In its determination, the commitee faulted the competitions subcommittee for not following set procedures when coming up with its determination on September 28 which fined the Nomads K24.5 million and declared that they lost the match 3-0.

Part of the ruling reads: “ In this regard, Article 94 of the Disciplinary Code for FAM is very clear. The parties shall be heard before any decision is passed. In the view of the Committee, it is clearly the case that no disciplinary measure or indeed any other measure which adversely impacts another can be meted out against any person before that person is heard.

“The committee forms the distinct view that the infraction of Article 94 of the Disciplinary Code for FAM was even more severe in this case where the right to a hearing was completely abrogated. The decisions of such a flawed process cannot stand.

“The committee therefore, sets aside all of the decisions that were made by the competitions subcommittee as communicated in its determination dated 28th September 2023.”

The disciplinary committee also called for consistency in the way the competitions subcommittee makes its decision on disputes.

“This has the benefit of creating certainty. In this particular case, it would appear to the committee that the competitions subcommittee completely ignored the previous decision of this committee.

“In the same vein, the committee would like to encourage parties that seek to bring cases before it to ensure that they familiarise themselves with the previous decisions of the committee.”

Wanderers, who were represented by their lawyers Kalekeni Kaphale SC and David Kanyenda, appealed the competitions subcommittee’s ruling which blamed the Nomads for the abandonment of the match on September 23 at Bingu National Stadium after referee a Godfrey Nkhakanaga allowed play to continue for Silver to score their winning goal despite initially blowing for a handball.

Wanderers supporters were found guilty of damaging property at the stadium and was ordered to pay for the damages pegged at K22 083 400.

The competitions subommittee also fined Wanderers K500 000 for failing to control their supporters and K2 million for bringing the game of football into disrepute.

But the disciplinary committee observed that once Wanderers contested the September 28 verdict, the competitions subcommittee should have referred the matter to them.

“The committee notes that Article 44.10 of FAM statutes explicitly proscribes a member of any judicial organ of FAM from being a member of any other body of FAM.

“This, in the committee’s view, was not an accident. It was a deliberate design to ensure that the ‘judges of FAM’ are properly distanced from the arena where football disputes are likely to originate.”

FAM competitions and communications director Gomezgani Zakazaka said they will start all over the disciplinary process as advised by the disciplinary committee.

“We will do as instructed,” he said.

Kanyenda in an interview yesterday said they will wait for their client’s instructions.

He said: “I would like to believe that our client will be pleased to learn that the ruling of the competitions subcommittee has been set aside .

“However, we have to obtain instructions on the further conduct of the matter given that it has been referred to the same competitions subcommittee that made the impugned decision.”