By Mabvuto Kambuwe & Mphatso Malidadi:
Football Association of Malawi (Fam) Electoral Appeals Committee has rejected incumbent president Walter Nyamilandu’s appeal against the nomination of Fleetwood Haiya ahead of the association’s polls slated for December 16 in Mzuzu.
Nyamilandu, who is seeking re-election having been at the helm of the association for 19 years, challenged the legitimacy of Haiya through lawyers Makiyi, Kanyenda and Associates.
However, the Electoral Appeals Committee, in a response, said that Nyamilandu’s appeal was inconsistent with article 12 (2) of the Fam Electoral Code.
“We disagree. Fam Elections Committee has no powers to change the Fam Electoral Code. As such, faced with this apparent conflict between the Press Release and the Fam Electoral code, Mr. Walter Nyamilandu Manda knew or ought to have known that the Press Release must yield to the Electoral Code. This appeal is dismissed,” reads the letter from the Fam Appeals Committee.
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The Committee further argued that the appeal should have been sent by November 21, 2023.
According to article 12(2) of the Fam Electoral Codes, any appeal, with its reasons, shall be sent by registered post or delivered in exchange for confirmation of receipt to the general secretariat of the Fam within three days of receipt of the electoral committee’s decision.
On November 24, 2023, Nyamilandu, through Makiyi, Kanyenda and Associates, appealed on grounds that Haiya has not resigned as Super League of Malawi (Sulom) president.
David Kanyenda of Makiyi, Kanyenda and Associates asked for more time before commenting on the issue.
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Both Haiya and Nyamilandu are yet to unveil their blueprints.
Haiya said justice had prevailed.
“Outrightly, we thank God for fighting our battles. Furthermore, we are delighted that the Electoral Appeals Committee applied the principles guiding the Elective Assembly, without fear or favour. It remains our prayer that the spirit continues until the will of the affiliates is delivered on the 16th of December, 2023,” Haiya said.
However, Nyamilandu said it was unfortunate that the Electoral Appeals Committee had dismissed his application on technical grounds when the Electoral Committee that has been mandated to run the elections varied the deadline from three days to seven days.
“We are concerned that this dismissal was done without giving an opportunity to hear both parties so that natural justice could prevail.
“This is a wrong precedent that has been set in football administration and a missed opportunity to set the record straight on serious matters to do with governance in football. The substance of the appeal would have helped to clarify a topical issue of ethics and governance of football administration,” Nyamilandu said.
He said it remains unethical for a proposed leader to hold multiple positions in football because he will be compromised and conflicted when making key decisions relating to the club or member organisation where he has vested interests.
“The fact remains that while Fleetwood Haiya is the Director of Nyasa Bullets and President of Sulom, he is at the same time vying for the position of Fam President. This is unethical and in contravention with article 39 that deals with eligibility of candidates that are aspiring to be Executive Members of Fam.
“Under the circumstances, the most honourable thing would be for Fleetwood Haiya to resign as the Director of Nyasa Bullets or to step down as the President of the Sulom so that he stops forthwith from deceiving the clubs or misleading the members of Fam,” he said.
Nevertheless, Nyamilandu said he has been energised to defend the post.
“Notwithstanding the resolution that has been taken by the Electoral Appeals Committee, I would like to state that I am more than fired up to defend my position as the President of Fam on 16th December 2023.
“My actions to appeal should not be misinterpreted as a sign of weakness but rather as a gesture of boldness to stand for justice against the oppressed and to defend the statutes that govern Malawi football,” he said.
Haiya got five nominations from Sulom, Northern Region Football Association (NRFA), National Football Coaches Association (NFCA), National Referees Association (NRA) and Beach Soccer Association (BSA).
Nyamilandu earned three nominations from Southern Region Football Association (SRFA), Central Region Football Association (CRA) and National Youth Football Association (NYFA).
The battle for the first vice presidency is between Madalitso Kuyera and James Mwenda whereas Lameck Nkhonje and Othaniel Hara are vying for the post of second vice president.
Muhamad Seleman, Daud Mtathiko, Raphael Humba, Chancy Gondwe, Chimango Munthali, Bernard Harawa and Patrick Kapanga have been nominated for the post of executive committee members.
Fellister Dossi and Mervis Mangulenje are competing for the post of female executive committee member.
