Friday, June 21, 2024

Blog: FAZ own goal

When I saw that exparte order, delivered by Judge Timothy Katenekwa from the Kitwe High Court, I was quick to envisage expelled FAZ Vice president Richard Kazala would be slapped with a FIFA embargo or ban, from all football related activities worldwide.

The world football controlling body FIFA’s statues forbids it’s members from taking football disputes or seeking recourse to an ordinary court. But Kazala is not dumb about this statue, which is also in tandem with the FAZ Constitution and I think he played his cards right, coercing FAZ to concede an own goal.

Let’s go back to December 5th 2017, to the Consent Arbitration Award by CAS. The Football Association of Zambia (FAZ) was directed – within 14 days – to provide Richard Kazala with a copy of the charges and support documentation that president Andrew Kamanga submitted to the council, without submitting new evidence.

Then, Kazala was supposed – within 28 days – to produce a response to the charges, by courier, to FAZ General Secretary Ponga Liwewe, who in turn was to include the response with the AGM agenda.

And for Blackwell Siwalle, the FAZ Executive committee and it’s legal team – within 21 days – was supposed to consider whether it will afford him with the right to speak in his defence.

The expelled Executive committee member Blackwell Siwalle is on record to have said FAZ did not comply with the above procedure. Hence, on 16th March 2018 Kazala wrote to CAS about enforcing the Consent Award of December 5th 2017.

In response, the CAS arbitrator said Kazala was free to enforce a Consent award with the appropriate legal body if considered terms of such an award are not being followed.

“A party is free to enforce a CAS Award with the appropriate legal body if is considered that terms of such an award are not being followed. This is not a matter for the CAS,” wrote the arbitrator.

FAZ President Andrew Kamanga

Herein an exparte order by Judge Timothy Katenekwa is entwined, to enforce a CAS Award of December 5th 2017. According to the Cambridge English Dictionary to enforce means to make people obey a law, or to make a particular situation happen or be accepted.

Kazala went to the Kitwe High Court, so the Court of law can make FAZ to obey the CAS Consent Award. The Consent Award was the resolve by the Court of Arbitration for Sports that is recognized by FIFA. And, as the exparte stipulated, failure to comply Court orders resulted in the reinstatement of Richard Kazala as Vice president by the order of Judge Timothy Katenekwa.

This was an avoidable case, only if the local football controlling body had complied with both the CAS Award and the exparte order by the Kitwe High Court Judge.

Why Kazala Insisted CAS-Award be complied to the latter?

The only way he [Kazala] was going to speak in defence at the AGM, today, is provided he was in possession of a copy of the charges from FAZ. How does one substantiate his argument to be exonerated without knowing the charges. It could be Kazala is privy of the charges, and feigned dumb so as to capitalize on FAZ’s bungles.

For heaven sake, Kamanga and team should have followed the CAS “Consent” Award procedure to the core to have avoided the political miasma our football finds itself today. It’s now too late for the Deputy General Secretary Richard Kashala to be reassuring stakeholders that Kazala’s matter is on the AGM agenda today.

The most likely scenario is that the Chingola business guru Kazala will escape an embargo from FIFA on ground it was CAS who advised him that an appropriate legal body can be utilized to enforce the December 5th 2017 Award. FAZ should explain to the stakeholders why deliberately – they did not comply with both the CAS Consent Award and the Exparte Orders by Judge Timothy Katenekwa.

Related Articles

2 Comments

  1. People who don’t want to follow stipulated procedures are more dangerous and they usually dig their own grave in their desire to pursue personal vindication. A vindictive spirit is very harmful, because it tarnishes the reputation of others.Thats what Kamanga administration has put itself in.They have a vindictive spirit. They were in a hurry to destroy others or to vindicate themselves. They even ignored the order by THE Court of Arbitration for Sports. Even after after being compelled by The Kitwe,High court.They even write to FIFA over the matter.that behaviour is like that of the grade 5 pupil who can not do interpretation of the constitution of FAZ. What an embarrassment!!.No wander ponga liwewe,is resigning.Ponga liwewe,is not innocent, him and others in FAZ engineered this confusion. What reasons will FAZ give councilors as to why they didn’t obey oder from the COURT of arbitration for Sports..Personally I hate injustice, I detest people who scheme what is bad to others.This is being wicked.Kamanga is his friends must be disciplined.so that such wickedness should no longer exists in FAZ.At AGM Kamanga and his henchmen should step down on moral grounds.

    ZAMFOOT, please update us what will transpire at the AGM.

  2. @KM ……..You actually sound privy to what Kazala is facing…… can u educate bloggers abt the K165,000 Kazala collected,? is it part of the charges! Or is this of no consequence?

Leave a reply

Please enter your comment!
Please enter your name here

Stay Connected

0FansLike
9,690FollowersFollow
- Advertisement -spot_imgspot_imgspot_imgspot_img

Trending

P