Kalusha Bwalya’s push to be on the ballot at the 28th March FAZ presidential election has been dealt a major blow after the Court of Arbitration for Sports yesterday issued a statement that he had made changes to its operating procedures due to the Coronavirus. As a result, the CAS will not host any in-person hearing before 1 May 2020, at the earliest. The CAS case is Kalusha Bwalya’s only chance to be on the ballot if the global board can give him relief and reverse the FAZ actions.
Kalusha Bwalya’s appeal includes a request for an in-person hearing. This means that his appeal cannot be heard until after Labour unless a video-conference is ordered by CAS.
The statement reads” “Depending on the circumstances of each individual case, the arbitrators and parties are encouraged to conduct hearings by video-conference or to cancel them (final award on the basis of the written submissions). If such
measures are not possible or appropriate, the hearings must be postponed until May 2020 or later. Depending on the evolution of the Covid-19 outbreak, the prohibition of in-person hearings may be extended.”
Kalusha’s appeal to CAS in 297 reads: “We note that the Appellant requests an oral hearing specifically so he
can explain himself to the CAS in order to demonstrate his sincerity and dedication to Zambian football”. Further, 298 reads: “This is particularly important to the Appellant in particular respect to his right to be heard”.
This should be read with 49 in the same appeal which states:
“The Appellant proposes that FAZ consent to an order where:
a. the answer to the statement of appeal, provisional measures and appeal brief be filed with the CAS within 10 days of the receipt of this submission;
b. there shall be no second round of submissions;
c. the case shall be decided by a sole arbitrator appointed by the CAS administration;
d. an oral hearing may be heard, on an emergency and expedited basis, at the CAS in Lausanne as soon as possible; and
e. the CAS shall issue an award, with grounds, as soon as possible keeping in mind that the FAZ presidential elections will be held, at the latest, the 28 March 2020.
Based on these requirements, it is not possible for Kalusha to withdraw those two as he is beyond the allowable limit of 21 days for any appeal to be submitted unless he applies for leave out of time to do that based on extenuating circumstances based on the coronavirus. That am sure will take a council meeting to decide – another long delay. Since his appeal included a request for an oral appearance, whether he wins other preliminary issues, this case can only be heard after labour day.
I will give a further update on the preliminary issues such as whether the CAS has aggred to Kalusha’s request not to pay a deposit on the costs and the submission by FAZ not to allow Swiss Law. My prediction is the Kalusha will win on the Swiss Law preliminary but lose on the deposit payment.
Will later discuss how this development affects the whole case. The cow-horn formation and indeed the end-game in this chess match.
