The Football Association of Malawi (FAM) has ordered Silver Strikers to withdraw from the court their case involving striker Tony Chitsulo’s transfer fee against Mighty Wanderers FC.
However, the Bankers yesterday said it would be contempt of court to withdraw the case at this stage since judgement was already passed to the effect that the K1.95 million (US$4 875) transfer fee should be deducted from the Nomads’ K8 million Standard Bank Knockout Trophy prize.
Silver general secretary Mike Tembo confirmed that they had received a letter from FAM instructing them to withdraw the case and use football structures to get their money.
“It becomes a contempt of court because the court already came up with a determination. So, we are going to call for an audience with FAM to advise us on how we can withdraw the garnishee order,” said Tembo.
But FAM chief executive officer Suzgo Nyirenda argued that their interest is that contrary to Silver’s claims, the issue is purely about football, which should not have been referred to a court of law.
He also claimed that the Bankers did not exhaust all avenues.
When told about the Bankers’ claim that they did not get the necessary help from Sulom, hence their move to take it up with a court of law, Nyirenda said: “But they did not take up the issue with us. That is our basis of asking them not to proceed with their action because as per Fifa rules, football matters are not supposed to be taken to court.”
Mighty Wanderers general secretary David Kanyenda, who doubles as the club’s legal adviser, said the Bankers erred by taking the cheque to the bank before being advised by the club, hence the referral to drawer of the cheque.
Players agent Felix Ngamanya-Sapao described the issue as complicated.
“To begin with, Sulom are not supposed to handle transfer issues as Fifa has now put in place a domestic transfer matching system (DTMS), which FAM is supposed to implement as it is straightforward.
“Secondly, Wanderers were at fault by deliberately issuing a cheque when they knew it would be referred to drawer and then Article 56 of Fifa statutes is clear that football matters are not supposed to go to court and they are strict on that.
“Clubs and players need to be protected on the issue of transfers and FAM has to handle the issue with care. The bottom line though is that Wanderers have to pay the money,” said Sapao.