FAZ AGM AND ELECTIONS ON
Yesterday we ended the day to excitement brought about by a statement by NSCZ purporting to be stopping the FAZ AGM scheduled for this morning. However, the statement falls short of stopping the AGM for many reasons and the AGM and elections will proceed this morning.
A casual look at the document that was circulating on social media will show that it is a press statement which was meant for general consumption. There is no accompanying letter from NSCZ with similar contents. The NSCZ as of 6am this morning has not written to the Football Association of Zambia asking or ordering them to stop anything. I made some enquiries with both FAZ secretariat at the FAZ AGM in Livingstone and the registry staff in Lusaka. No service was done by NSCZ. This means that said statement is just a rumour. In the end all that chatter yesterday was just due to a statement which served only as cannon fodder for debate but was never communicated to FAZ itself.
Like someone yesterday said: “The letter from NSCZ was hurriedly done. The grammar, no bwino bwino!” One would imagine that the statement was meant more to appeal to the clubs and other members of the FAZ to not travel to the AGM after hearing the cancellation in the process. However accreditation went on well and checks by 6pm showed that more than the needed quorum of members had arrived for the AGM. As things stand, all delegates for the AGM are currently in Livingstone, 600 km away from Lusaka and 1000km from Kitwe, at a great cost tot he association. They are ready to proceed with the AGM today and FIFA has given a go-ahead and has sent an observer to the proceedings. Further, members interacted amicably and even had a party at which all candidates standing for the presidency, vice presidency and women’s representative all made their campaign speeches to the delegates during a cocktail party which featured comedy by Bwana Njombe and a live band.
Logically, the next question to address is that “Assuming that the letter was actually served on FAZ, can the NSCZ cancel a FAZ AGM?” The long and short answer is “No.” And that NSCZ can only de-register FAZ, suspend football as a sport in Zambia or ban FAZ officials after due process of a disciplinary process that includes convening a committee for the same purpose. But they CANNOT exercise powers of organs of FAZ. Only the FAZ Council, can cancel the AGM. FAZ is like club. Only members can make decisions within the club. NSCZ is not a member of FAZ. And secondly the NSCZ doesn’t supervise FAZ. CAF and FIFA do.
The belief by those pushing the NSCZ to act this way is that: “Where the NSCZ has reason to believe that an association is acting in a manner prejudicial to the interest of sports or to the public interests generally, the council may order the suspension of the activities of that association.” Now the way to suspend these action is to suspend the whole association or even the whole sport. Not to say you can meet and have an AGM but don’t have elections. So let then deregister or suspend FAZ and football. Not suspending an AGM which they have no power over. Meddling in FAZ is not part of the NSCZ’s mandate but they are exercising it openly.
On the above basis, the meeting is going ahead this morning.
LETS ADDRESS THE NSCZ STATEMENT
My opinion on the statement is that all reasons it advanced to try and stop the AGM are invalid and have no legal merits.
The Statement says: “… FAZ wrote to FIFA on 24th February and the response is being awaited.”
This is not the correct position. The letter was already responded to early yesterday and I can exclusively publish a copy of the FIFA letter of yesterday. Kindly find attached hereto.
The second point raised was about the FAZ AGM needing 60-day notice. meeting which has been adjourned doesn’t require a new notice to continue. It says: “….a FAZ constitutional 60 days notice has not been taken into consideration given the AGM did not commence to be considered postponed, therefore there was need to give a fresh notice according to article 27(2) and (3) of the FAZ constitution.”
I have alluded many times to letters which show that the FAZ General Secretary Mr Adrian Kashala issued a 60-day notice for the AGM on January 23, 2020 (last year) since the AGM was to be held on March 31, the same year. But the AGM was halted due to the outbreak of the COVID-19 pandemic. In giving dates for the AGM, FAZ reminded everyone of the earlier notices.
What surprises me is why the National Sports Council of Zambia was happy with all provincial elections but only wants to interfere with the AGM? Is it because it has a preferred candidate for the presidential elections who currently is not on the ballot? The decision by the NSCZ to suspend the remaining elections for the president, vice-president and women representative doesn’t make sense since all provincial elections have taken place and the new FAZ ExComm is already in place except for the president, vice and women’s representative.
There there is the bizarre and shocking declaration made within the statement by NSCZ where they were demanding that ‘sponsors’ of the two candidates Joseph Nkole and Rix Mweemba, who died while the elections had already commenced, must be allowed to look for their replacements.
“… during the period of waiting for the FAZ AGM which has been delayed partly due to COVID-19 pandemic, two candidates who were vying for the FAZ presidency and vice-presidency unfortunately passed away. It is just fair that those FAZ members who sponsored those candidates are given another opportunity to float other candidates…” Patrick Mutimushi said on behalf of NSCZ.
In legal terms, a candidate who dies before elections forfeits their right to stand and cannot be replaced. Even today if either of the two presidential candidates died, the remaining one will be declared president because nominations already closed.
One wonders whether NSCZ read the FAZ constitution to believe that there is provision to hold fresh nominations to replace those who die before election date. Patrick Mutimushi seems to assume that FAZ elections are like national elections where the UPND sponsors HH and the PF sponsors Michael Sata and the parties have a say in the elections. In FAZ, individuals are the ones who stand. Clubs only endorse the person. If KYSA endorse a candidate, it is not KYSA that takes the presidency but the individual.
Have the people who sponsored those who died raised complaints to NSCZ? Or could NSCZ be the sponsor to some of these candidates?
Lastly, what many looked at as a directive by the National Sports Council of Zambia to halt today’s elective AGM is merely a suggestion. It reads: “”Having made these observations, the Board resolved that FAZ should hold on to holding the 27th February, 2021 scheduled AGM until the highlighted outstanding issues are resolved. The Board is aware that FAZ wants to go ahead with the AGM as it has delayed but proceeding with the elections with contests may perpetuate antagonisms in the association to the detriment of football development in the country.”
FAZ can proceed as it decides. And the indications here in Livingstone are the AGM is proceeding and elections will proceed too.
CONTEMPTOUS STATEMENT
The statement by the NSCZ is against the consent judgement that was signed by FAZ, the minister of sports and the aggrieved party which stated that the FIFA ruling after the virtual meeting would be final and binding. This means that the NSCZ statement is contemptuous.
I am attaching the consent judgement for readers to digest. Whereas FAZ and FIFA don’t recognise the courts of the land in running football, FAZ had to respect the law of the country in ending issues raised by the ‘aggrieved parties’.
I am also attaching the press statement the ministry of sports issued at the time that it would respect the directive FIFA would give. Remember that the National Sports Council of Zambia falls under the Ministry of Sports.
Going ahead with the AGM is not contemptuous. It follows the consent judgement and the directives given by FIFA. It seems now like NSCZ wants a new and completely tangential direction.
NEFARIOUS KERFUFFLE
What the NSCZ statement did yesterday was cause confusion with some accusing the NSCZ of joining the nefarious kerfuffle being championed by what some see as rogue elements within the football circles. Many questions arose yesterday?
1. Does the NSCZ have injunctive powers to stop the FAZ AGM on behalf of the association without first suspending the association and taking over the running of the sport?
2. Since when did NSCZ start interpreting the FAZ constitution on behalf of the association (thus usurping the powers of the FAZ Council which is the highest body of FAZ and which is charged with the powers to interpret the constitution and further make amendments to the constitution)?
The National Sports Council of Zambia does not have the power to cancel the FAZ AGM or to discharge powers of internal organs or any affiliate association.
The National Sports Council of Zambia has no powers to suspend a committee of an association. They can only suspend the association itself or office-bearers of the association. Attempting to change internal structures of an association amounts to direct interference and it is not provided for under the Zambian laws. NSCZ can suspend FAZ and ban football in Zambia but it can’t start suspending officials or committees without using the said association’s structures or constitution. Where it suspends specific officials, there are rules how this should be done. NSCZ can ban officials from being officials in Zambia quiet alright.
Under THE SPORTS COUNCIL OF ZAMBIA ACT, CHAPTER 142 OF THE LAWS OF ZAMBIA, in PART II Article 10. “Powers of Council”, (2), (3) and (4), NSCZ can suspend the activities of FAZ if it believe that the association is acting in “a manner prejudicial to the interest of sports or to the public interests”; suspend office-bearers or members of associations (for FAZ, these are clubs) the Council “has reason to believe that any office-bearer or member of an association is or has been acting in a manner, or his further continuance as an office-bearer or member would be, prejudicial to the interests of sports or the public interest”; and order the suspension of that office-bearer or member where “the Council has reason to believe that there has been any irregularity in the handling of the affairs of the association by any office-bearer or member of an association the Council may”.
However, this can only done through appointing a committee that investigates these accusations and comes up with the decisions. (5) says that “Where any order is made under subsection (2), (3) or (4) the Council shall appoint a committee to inquire into the activities of the association or into the conduct of the office bearer or member, as the case may be, and submit a report to the Council within such time as the Council may appoint.”
Public interest in this case will be interesting to understand. Is it qualifying to AFCON? Is it embezzlement of association funds? Is it insubordination? Is it letting the NSCZ know what FIFA wrote?
The National Sports Council of Zambia (NSCZ) was created through an Act of Parliament in 1977 under Cap 142 of the laws of Zambia to promote, coordinate, monitor, evaluate and register all sports associations. The functions and powers of the Sports Council of Zambia were reviewed in 1988 through No. Act 29 and Act No.13 of 1994. In 2008, we proposed amendments and a Bill was advanced to parliament when I was a member of the NSCZ Development Committee. I have sat on the NSCZ Committee for more than 7 years. No sure what became of that new bill.
The Ministry also doesn’t have the power to interfere and this can be found in the statement issued by the minister himself last year. On 22nd March 2020, ZNBC reported that: “Sports Minister Emmanuel Mulenga has directed the National Sports Council of Zambia to convene a meeting with all concerned stakeholders with the view of resolving the wrangles surrounding the Football Association of Zambia -FAZ- elections. Mulenga says the wrangles in FAZ, which have culminated in court cases, are not good for the development of the game. He said government regards football as a unifying factor which should be free of wrangles. Mulenga said concerned stakeholders should instead exhibit love and amicably address the issues affecting them. He said it is the players and the fans that will suffer if FIFA bans Zambia due to the wrangles surrounding the FAZ elections. Mulenga says those vying for positions at various levels in FAZ should not allow the country to be banned as Football unites the country. The minister said the job of the ministry of Sport is not to interfere in the running of association but to see to it that that football development is promoted in the country.”
The National Sports Council of Zambia is on record agreeing that it has no powers to interfere. On February 19th, 2020 Lawyers representing Football legend Kalusha Bwalya wrote to the National Sports Council of Zambia to prevail over the Football Association of Zambia for allegedly breaching provisions of its Constitution during the vetting exercise in which the FAZ Ethics Committee barred BWALYA and three others from contesting the Presidency. In a letter to NSCZ, Lawyer LEWIS MOSHO of LEWIS NATHAN Advocates et al, on the instruction of his client MUMBO LOMBE, demanded that the council exercises it Statutory obligation on FAZ by suspending FAZ for breaching its Constitution and FIFA Statutes. They said the FAZ Ethics Committee was illegal as its members did NOT themselves undergo the integrity checks as required by the FAZ Constitution and that NO FAZ code of ethics had been put in place to guide the operations of the Ethics Committee. Further, they asked for the NSCZ to reverse the decisions of the Ethics Committee and asked for a response and prompt action from the National Sports Council of Zambia.
Consequently, the National Sports Council Meeting met. The NSCZ acknowledged receipt of the letter from FIFA and was aware of sanctions against Zambia if the meeting had gone on to do what Mumbo Lombe asked them to do. In the following day’s Daily Mail newspaper, in a story entitled “NSCZ to watch its boundaries”, Diana Chipepo reported from Lusaka that: “THE National Sports Council of Zambia (NSCZ) says it will not go beyond its jurisdiction to preside over matters among its members. NSCZ chairman Patrick Mutimushi said in an interview after the council’s extraordinary meeting at National Sports Development Centre (NASDEC) in Lusaka yesterday that all member associations have respective constitutions which guide their operations and the council is there to guide. “My appeal to all associations is to follow their constitutions which they formulated and remember that they are not an island. They operate in Zambia and there are laws in Zambia. As NSCZ, we follow the law and we have been given the jurisdiction of how we can handle issues in these associations so that there is transparency and fairness in dealing with their members. NSCZ is there to guide and I want to encourage associations to come to us, we are there for them,” he said. “We are very cognisant of the FAZ constitution, which also relates to FIFA statutes. FAZ has a process which they follow, our role is not to INTERFERE in the operations of any association and its very clear…..”
Well, this is my personal opinion and I am not a lawyer. But for the record, I was a Sports Development Committee member at National Sports Council of Zambia from 2007 to 2016. I served under National Sports Council of Zambia chairmen like Julius Sakala, Chifumu Banda, Mwamba Kalenga and others.
HAPPY BIRTHDAY TO ME
I end by wishing myself a happy 45th birthday (today is my birthday) and saying am also ripe to be FAZ president. I qualify under the FAZ constitution but I realise there can only be one president at each time. Maybe in 4 years time naine I can stand as a women’s representative (hahaha) as long as I pass the integrity test and candidates want me.
