The controversy surrounding Northern Region Football Association’s (NRFA) league is refusing to die and in a latest development, Kaporo Stars have dragged Football Association of Malawi (FAM) and the Super League of Malawi (Sulom) to the High Court.
Kaporo is seeking the court’s determination to put the league on hold until FAM appeals committee hears its case.
Lawyer representing Kaporo Stars, George Kadzipatike, yesterday confirmed having instituted legal action against FAM and Sulom and the application will be heard on Thursday morning at the High Court in Mzuzu.
“From the way we got the instructions from our client, we were of the firm view that we cannot stop Mzuni FC only from playing in the TNM Super League.
“In our view, it would not make sense for the other teams to proceed with the tournament, while we are waiting for FAM to determine the appeal. We are of the firm view that the whole tournament should be stopped until the appeal is heard and a proper team is declared champions whether it be Mzuni or another team, to compete with the rest in the Super League,” said Kadzipatike yesterday.
He added: “From the foregoing, we are seeking an order of injunction restraining FAM and Sulom from administering the TNM Super League until the Kaporo Stars FC appeal is properly determined by FAM as we believe that we duly won against Mzuni FC.”
According to a copy of originating summons filed by Kaporo, the applicant is Alufeyo Banda, who is suing on his own behalf and that of Kaporo Stars FC, while FAM and Sulom are first and second defendants respectively.
“By summons, the Plaintiff seeks the reliefs of the court as follows: A declaration that the first Defendant’s [FAM] appeals committee is legally mandated as a judicial organ of FAM to hear appeals from any party who is not satisfied with the decision of the Disciplinary Committee as per the constitution of FAM,” reads part of the summons.
Kaporo also claim that FAM breached its own constitution in failing to attend and determine the appeal lodged by the plaintiff.
Kaporo are also seeking a court declaration that FAM’s failure to constitute the appeals committee to hear and determine the appeal lodged by the applicant, violated the plaintiff’s right of appeal granted under the FAM constitution.
Kaporo also want the High Court determination that FAM should comply and abide by the provisions of its own constitution/statutes which provide for a right of appeal by any party who is aggrieved by the decision of the disciplinary committee.
Kaporo are also seeking an order quashing the decision of the second defendant (Sulom])in releasing 2015 TNM Super League fixtures which were based on the decision of the first defendant [FAM] in approving Mzuzu University FC as winners of the Simama League.
They also want the court to order FAM’s appeals committee to sit and determine the Plaintiff’s appeal which was duly lodged as per the constitution of FAM.
However, FAM general secretary Suzgo Nyirenda yesterday said his office was yet to receive the court summons.
“I am hearing it from you. We are yet to be served and once we get them, we will act accordingly,” said Nyirenda.
However, last week Nyirenda hinted that it would be unfortunate for Kaporo to take the matter to court, “as football matters are not supposed to be taken to court as it can lead to far reaching consequences.”