Super League of Malawi (Sulom) risks flouting its statutes by operating with seven out of 11 active executive committee (exco) members following the resignation and absence of four others.
The development has prompted clubs and Football Association of Malawi (FAM) to plead with Sulom to call for an annual general meeting (AGM).
According to Sulom constitution, the exco is the board of the league and is entrusted with, among others, the responsibility to administer the league and make decisions for the proper functioning of Sulom in pursuance of its objectives.
However, the exco can only make binding resolutions if it forms a quorum of two-thirds, according to Article 16 of Sulom constitution.
The executive comprises the president, vice-president, general secretary, legal adviser, vice-general secretary, treasurer and five ordinary members.
Out of these, president Innocent Bottomani, general secretary Williams Banda, treasurer Tiya Somba-Banda, legal adviser Gilbert Mitawa; ordinary members Aggrey Khonje, Charles Manyungwa and Godfrey Makawano are available.
Daud Suleman resigned as vice-president to join FAM as ordinary member. Alfred Lungu also quit as ordinary member to join FAM’s newly-formed Malawi Players Association.
Vice-general secretary Thoko Chazema is in the Democratic Republic of Congo (DR Congo) on a Malawi Defence Force (MDF) peace-keeping mission whereas ordinary member Elvis Mwase, another MDF officer, was appointed military attaché at the Malawi Embassy in Ethiopia.
This means all the seven remaining members have to be available at all costs or else a quorum will not be formed.
Super League clubs have since voiced their concerns, saying the vacant positions must be filled.
Silver Strikers general secretary Thabo Chakaka-Nyirenda doubted if at all legal ex-co meetings are conducted.
“Clubs were told that an AGM will be called to fill the vacant posts. We are now wondering as to why it has taken too long to fill the vacancies. The effect of transacting business without requisite quorum is that decisions would be null and void. The vacant posts ought to be filled as a matter of urgency,” he said.
Sulom constitution Article 19 part 3 states that vacancies must be filled at the next AGM.
The constitution further says an AGM shall be convened once a year on the last Saturday of February of every year, but Sulom failed to hold the indaba due to lack of funds, according to general secretary Williams Banda.
He said: “We are aware of the need to fill these vacant positions, but our biggest challenge is lack of funds. We are owed a lot by several organisations. We will engage a legal firm to collect on our behalf so that the AGM is held as soon as possible.”
Asked how the board is operating in such circumstances, Banda said: “In cases where we do not form a quorum, the constitution provides for the use of emergency committees.”
But Chakaka-Nyirenda said Sulom has not done much to source funds for the AGM.
“Surely, efforts haven’t been made to identify money for the AGM and elections,” he said.
Meanwhile, FAM, which also contributed to Sulom predicament by targeting its exco members, says it is not aware that Sulom is struggling to hold an AGM.
“This matter hasn’t been brought to our attention. My advice is that Sulom must follow its constitution,” said FAM president Walter Nyamilandu.