Three candidates who obtained an injunction to stop Football Association of Malawi (FAM) December 12 elections, have been summoned to a disciplinary hearing over their action.
FAM’s disciplinary committee will hear the trio on March 24.
General secretary Suzgo Nyirenda yesterday confirmed that Wilkins Mijiga, Willy Yabwanya and Tiya Somba Banda would appear before a disciplinary panel comprising chairperson Arthur Nanthuru, vice-chairperson Allison Mbang’ombe and members Ted Roka and Paula Caetano.
“But basically, the charge is taking a football dispute to court contrary to Fifa statutes article 68,” said Nyirenda.
Canada-based Yabwanya confirmed the summons, but could not say if he will attend.
“I got the first ever e-mail from FAM,” Yabwanya said in a response from Canada.
His co-accused Mijiga said he has not yet received the summons from FAM.
“I thought the elections are over? Anyway, I have nothing to hide I have nothing to fear. If I will be free on the said date I will be available. I will go for the hearing,” Mijiga in an interview yesterday.
Private practice laywer Lusungu Gondwe obtained an injunction on behalf of the FAM losing presidential candidates, Yabwanya and Mijiga and Somba Banda.
But Somba Banda, who is Super League of Malawi (Sulom) treasurer, distanced himself from the injunction.
Fifa statutes article 68 reads: “Recourse to ordinary courts of law is prohibited unless specifically provided for in the Fifa regulations.”
The article also asks member associations to ensure the regulations are adhered to.
“The associations shall insert a clause in their statutes or regulations, stipulating that it is prohibited to take disputes in the association or disputes affecting leagues, members of leagues, clubs, members of clubs, players, officials and other association officials to ordinary courts of law.”
“The associations shall also ensure that this stipulation is implemented in the association, if necessary by imposing a binding obligation on its members.
“The Associations shall impose sanctions on any party that fails to respect this obligation and ensure that any appeal against such sanctions shall likewise be strictly submitted to arbitration, and not to conventional courts of law,” the article reads.
FAM president Walter Nyamilandu last week warned that he would make sure the Fifa statutes, which do not allow football matters to be settled by ordinary courts, is upheld.
“We will ensure that the rule of the law is upheld in football,” said Nyamilandu in an interview on Saturday.