Fam election injunction saga


Malawi Law Society (MLS) has said Tiya Somba Banda’s claims that he was not party to an injunction, which nearly plunged Malawi football into hot soup on Saturday, was disciplinary in nature.

In this regard, MLS honorary secretary, Khumbo Soko, Monday said the society would reserve its comment on the injunction—pertaining to Saturday’s Football Association  of Malawi (Fam) elections—while awaiting an official complaint from any aggrieved party.

“It is a potentially disciplinary issue which might be referred to the society. But you cannot act without instructions. Anyway, I cannot go into details. I do not want to prejudice the whole issue,” Soko insisted.


Contrary to world football governing body, Fifa’s stance against taking football matters to conventional courts of law, practice lawyer, Lusungu Gondwe, obtained an injunction on behalf of Fam losing presidential candidates, Willy Yabwanya Phiri and Wilkins Mijiga.

But the Super League of Malawi (Sulom) treasurer Somba, who unsuccessfully vied for the Fam first vice-presidency, claimed that he did not consent to the injunction which was also reportedly linked to him.

“When applying for the injunction, he just pulled the same submission I made in the appeal to Fam. We discussed this on Saturday and he apologised. I believe he is going to put it in writing,” Somba claimed.


“He also promised to retrieve my name, but the issue was overtaken by events. It is not true that he signed for it. On the appeal, it is clearly indicated that my name is Tiyanjane Somba Banda, but on the injunction it’s just Tiya Somba.”

Gondwe yesterday refused to react to Somba’s remarks, saying “I respect him as my client and for the sake of his integrity, let me not comment.”

The elections continued after Fam lawyers successfully applied to have the High Court in Blantyre vacate the injunction, paving the way for the re-election of Fam president Walter Nyamilandu, who has since promised to take unspecified action against candidates who wanted to stop the elections at Nkopola Lodge in Mangochi.

Nyamilandu made the statement following recommendations from Fifa envoy, Ashford Mamelodi, who called for action following what he described “an infringement of Fifa’s statutes”.

Reacting to the call, Nyamilandu said Fam executive will discuss and refer to the constitution before punishing the violators. Fam risked Fifa’s ban due to the injunction.

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