BREAKING NEWS: CURTAIN CLOSES AS DAMIANO MUTALE WITHDRAWS COURT CASE
Good morning my people and long time. Sorry I haven’t been writing because I didn’t feel there was much to talk about. The ten days ultimatum by FIFA was straight forward and many people covered it. I would rather cover stuff like this here which is unknown.
As is our custom on this wall, I can exclusively reveal to you that Damiano Mutale and Patson Lusaka have withdrawn their case against FAZ bringing to close a saga that has rocked Zambian football for months.
Damiano’s lawyers Lewis Nathan Advocates yesterday wrote to the defendant’s lawyers Messrs Mando and Pasi notifying them that a Notice of Discontinuance of proceedings and Appeal in Damiano Mutale and Patson Lusaka vs Adrian Kashala and FAZ – 2020/CCZ/A001 had been filed before the courts. The letter was signed by Mr Lewis Mosho.
The Notice which I have in possession but cannot publish as I have embargoed and censored myself since the court is yet to even announce the discontinuation says in short: “Take notice that the Appellants herein have with immediate effect wholly discontinued the proceedings and Appeal herein.”
The notice is stamped 8th June 2020 by the court registry meaning the discontinuation of the case has officially been done.
The case in which Damiano Mutale took FAZ to court for a plethora of issues comes up today for a decision as to whether Mutale’s appeal should be allowed to be places before the bench out of time. Last month, on June 3rd, I exclusively reported that Mutale failed to file in his appeal before the Constitutional Court. The Plaintiffs failed to file their Record of Appeal and Heads of argument on time in the Constitutional Court. Therefore FAZ applied to have Damiano’s appeal dismissed for want of prosecution. On 4th June, this was the motion that came up for hearing in the ConCourt.
On Thursday 4th June, 2020, when the parties met at court, before Justice Enock Mulembe in the Constitutional Court of Zambia, in chambers, the court heard Damiano’s application (motion) for an “order for leave” “to file” Heads of Arguments and Record of Appeal “Out of Time”. This was because, as I had exclusively reported earlier, Damiano had failed to file his appeal on time and FAZ had asked the ConCourt to dismiss the appeal.
In the end the court guided the parties into agreeing that FAZ files into court their List of Authorities (cases and laws) and Heads of Arguments (their defence against what Damiano is alleging or arguing) in opposition to the motion by the 11th June, 2020. Damiano would then file into court his response to FAZ’s opposition to Damiano’s appeal from High Court (on the jurisdiction question) by 18th June, 2020. This means that the motion would then be heard 5 days later on Tuesday, 23rd June, 2020 at 09:30 hours.
On 23rd June, the case was adjourned to today.
Instead of the decision to allow the appeal, the court will now hear the notice of discontinuation and eventually end all court processes.
MY ANALYSIS AND CONCLUSION
I already said that Kalusha Bwalya won’t be on the ballot paper when FAZ elections continue in the next few weeks or months. But I get insulted when I say this even though the collapse of his case at CAS means nothing else. With the Damiano case now also ending, it means football can get back to normal politically.
Now you won’t hear any celebrations or insults from me. My job is simply to document the process even though I have my own opinions.
Lets handle football through democracy. Let us vote. Those who do not believe in Kamanga let them vote for Munaile or Nkole but let us not use illegal means to try and remove the leadership that is there democratically. That is wrong because we end up setting precedents for the future.
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