Super League of Malawi (Sulom) Legal Adviser Solomon Gomezgani Mchawi has asked the body to follow the constitution when filling two vacant posts.
Sulom is today expected to hold an Annual General Meeting (AGM) at Capital Hotel in Lilongwe where acting President Colonel Gilbert Mittawa will likely to assume the post unopposed.
The two vacancies were created when the then president Fleetwood Haiya was elected Football Association of Malawi (Fam) while Executive Member Daud Mtanthiko won a similar post at Fam.
Mchawi said Sulom Executive exercised its constitutional powers as envisaged on article 26 [3] of its constitution by appointing the Vice President to hold the Presidency on interim measure.
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“The same Article 26 [3] states that such appointment is up until the next General meeting when a replacement will be elected. This provision does not even require a lawyer to interpret, because by the force of the said constitution we are under obligation to hold elections.
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“Which means all electoral processes of receiving nominations, giving sufficient time to the affiliates was supposed to be adhered to,” Mchawi said.
By extension, Mchawi said, article 25 [2] of Sulom Constitution is to the effect that an Executive Committee appointed to fill a vacancy in the Executive Committee shall hold until a replacement has been elected for the remaining term of the mandate.
“So this entails that the vacant positions can be filled by following two procedures. Firstly, through the executive committee appointing a member to hold such a position upon until the next AGM
“Secondly, through the AGM, by power of voting by affiliates. Suffice also to note that the mandate for the persons so elected is for the remainder of mandate and this is the spirit of Article 25[2] of the Sulom Constitution,” Mchawi said.
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However, he admitted that the Sulom Constitution has gaps and needs to be reviewed, hence the appointment of a review committee to spearhead the constitutional amendments.
“But that should not be an excuse to flout the procedures,” Mchawi said.
However, Sulom General Secretary Williams Banda insisted that the body will comply with the constitution.
“To this effect, the notice was duly circulated and no proposal or questions has been submitted by clubs in line with Article 40.
“The Sulom Executive exercised its role by nominating Col Gilbert Mitawa as Acting President and respective clubs are invited to ratify or otherwise the nomination and bring in other Executive members,” Banda said.
Meanwhile, Mighty Mukuru Wanderers Board Member Chancy Gondwe questioned the absence of elections on agenda items. “Elections were supposed to be an agenda. That is irregular and unconstitutional. These are serious regulatory anomalies,” Gondwe said.
