High Court throws out Kaporo’s application
The High Court in Mzuzu yesterday threw out Kaporo Stars application for an injunction restraining Football Association of Malawi (FAM) and Super League of Malawi (Sulom) from proceeding with Super League games until their appeal case against Mzuni FC is heard by FAM.
Kaporo, a team in the Northern Region Football Association (NRFA) Premier League, also wanted the court to order FAM to hear their appeal through its appeals committee having been dissatisfied with the decision of FAM disciplinary committee as per the statutes of FAM. This was after FAM said they had exhausted all the appeal channels.
In his ruling made in the chambers, Justice Dingiswayo Madise said in accordance with the relevant provisions of FAM and Fifa statutes, football matters are not supposed to be taken to court.
“Football must be played on the pitch and not in judge’s chambers; thus football matters are not supposed to be taken to court until all remedies within the football arena are exhausted,” reads part of the court ruling.
However, the court advised Kaporo to appeal to Confederation of African Football (CAF) or Fifa if they feel that FAM has not addressed their complaints.
Reacting to the ruling, George Kadzipatike, a lawyer representing Kaporo, said he needs to consult his client and determine the way forward.
“But practically, Kaporo have no forum which can assist them with their complaint in the country,” said Kadzipatike.
However, Kaporo’s owner Alufeyo Banda ruled out any possibility of taking up the matter further with either CAF or Fifa.
“What I can say is that our concerns have not been addressed, but since the court has ruled that football matters cannot be taken to court then we will just write to Fifa and copy to CAF and FAM explaining to them in detail what happened for record purposes, otherwise we do not have money to appeal to either CAF or Fifa,” said Banda.
FAM general secretary Suzgo Nyirenda said the High Court ruling has vindicated his earlier statement that football matters are not supposed to be taken to court.
“I advised these [people] not to take this matter to court because the statutes clearly stipulate that, but they insisted. Their case lacked strength.
“We will look at the court’s determination and then consult our legal advisers on the next course of action, probably by tomorrow,” said Nyirenda.
The development means that Mzuni can now breathe a sigh of relief and take part in the top-flight league.
NRFA’s decision to reschedule the match between Kaporo and Mzuni sparked protests from Kaporo who won the initial game 1-0.
NRFA ordered a replay on the basis that the match did not mature as it was played in under 75 minutes and that it was officiated by an unqualified referee.
Kaporo boycotted the rescheduled match leading to Mzuni being awarded the match through a boardroom decision on a 2-0 margin, a development that helped them pip Chilumba Barracks to the league title by a point and consequently earn promotion into the Super League.
The team then appealed to FAM against NRFA’s decision, but FAM disciplinary committee upheld the ruling to have the match replayed after establishing that there were several irregularities, but again Kaporo boycotted the match and sought High Court intervention.
