Football Association of Malawi (Fam) has appealed against the decision of its own Disciplinary Committee that nullified Beach Soccer Association (BSA) elections held in August this year in Mangochi.
The committee recently made a determination that there had been no legitimate BSA executive committee since 2018. The ruling called Fam Executive Committee’s mandate into question as the BSA committee took part in the football governing body’s elections in December last year.
Fam has filed the appeal through lawyer Patrick Mpaka, claiming the Disciplinary Committee erred on sports law and exceeded its jurisdiction.
“The Disciplinary Committee exceeded its mandate of resolving the disciplinary issues placed before the committee by proceeding to make pronouncements on matters concerning the mandate of the Football Association of Malawi when the same were not issues placed before the committee for decisions,” reads part of the document.
“Having correctly found that Fam was at all material time entitled to intervene in the affairs of its members and having correctly found that the corporate structure of Fam’s affiliates could not be used to escape individual responsibility of officers of the affiliates, the Disciplinary Committee erred in sports law and on the facts to have found the association’s directive for the conduct of elections by Beach Soccer Association null and void,” reads the document.
The Fam independent electoral committee is also expected to meet on December 12 to make a determination on whether to nullify the Fam election after BSA’s participation in the process.
Lawyer representing the ousted BSA committee Thabo Chakaka-Nyirenda said they would challenge the appeal. “Fam ought to be a neutral party and shouldn’t have appealed at all. The appeal is testimony to Fam’s partiality and dirty politics that have entrenched the association. We will vehemently oppose the appeal. What is surprising is that Fam lodged the notice of appeal on November 12 but never cared to serve the same on the respondents until after the expiry of 21 days,” Chakaka-Nyirenda said.
Fam General Secretary Alfred Gunda said the Appeals Committee would meet this weekend to make a determination on the matter.
“We have indeed appealed and the appeals committee will meet on Saturday [tomorrow] here at Mpira Village,” Gunda said.
BSA office-bearers had tried in vain to convince Fam that they had renewed their mandates through a meeting that had taken place in 2018. The disciplinary committee met in November following Fam’s complaint against some BSA members who had taken the matter to a court of law.
Fam was also faulted for usurping judicial organs when it directed that the elections should take place in August this year. The BSA polls saw Gift Chimbalanga elected as chairperson while former Nyasa Big Bullets and Silver Strikers defender, Panganeni Ndovi, was elected vice chairperson unopposed.