The ongoing contract saga involving talented midfielder Kelvin Mwanza against his former club FC MUZA has taken another unexpected turn, as FAZ disciplinary committee cancels the Player status committee’s recommendations, leaving the players status unresolved.
According to The Zamfoot Crew sources, the FAZ Player Status Committee deliberated on Kelvin Mwanza Vs Maestro United Zambia case on August 24th and determined that Mwanza was, in fact, a free agent.
The committee found that Kelvin Mwanza’s written contract had expired, and their recommendation was that the player should be declared a free agent and be allowed to sign with any club of his choice.
“The Player Status Committee found that Kelvin Mwanza had no valid contract with FC MUZA, and that he is a free agent because there was no other contract signed by the player. They made recommendations to the Disciplinary Committee to endorse their findings,” a Zamfoot Crew source revealed
However, this is where the story took a twist. In a 16 page abridged ruling seen by Zamfoot crew, the Disciplinary Committee said that after it received the player status recommendation they decided not to endorse the recommendations from player status committee but instead they chose to call for a physical hearing (Instead of referring the case back to player status for further investigation).
In the ruling the Disciplinary committee ruled that FC MUZA owned Kelvin Mwanza because the club had continued to pay him more than what was stipulated in his expired contract. According to the committee, FC MUZA offered Mwanza a new contract reflecting the updated terms, but he allegedly refused to sign.
“The Disciplinary Committee ruled in favour of FC MUZA, stating that the club owned the player because they were paying him above the contractual amount and had offered a new contract, which he has not signed until now, even if he did not sign that contract, it is legally binding” a Zamfoot crew source disclosed.
This has sparked questions over the Disciplinary Committee’s authority in the case. Typically, player status and transfer matters fall under the Player Status Committee, which specialises in such disputes. The Disciplinary Committee’s decision to intervene has raised eyebrows, especially since no formal complaint was filed for them to sit on that case.
In the 16-page abridged ruling seen by the Zamfoot Crew, the Disciplinary Committee ruled that Mwanza remained a MUZA player not because he signed a contract but simply because he accepted payments.
This decision has left many wondering which football law or regulation states that when a player receives extra money from a club then he has to accept the demands of the club.
The situation leaves the young midfielder in limbo, as the 2024/25 season progresses without a clear resolution. According to insiders, Kelvin Mwanza will be unable to play this season unless he signs a contract.
Commenting on the case, a sports law expert engaged by the Zamfoot crew following the developments criticised the Disciplinary Committee’s ruling, stating that the decision contradicts established principles of football contract law:
“The law of contracts in football recognizes only one type of contract: a written contract. In fact, FIFA only recognizes written contracts, as they are a mandatory requirement for registering a player for any competition. No oral contracts or informal agreements hold any legal standing in the sports world. The Disciplinary Committee’s reliance on payments made to the player without a formal contract is not only problematic but may be going against FIFA regulations.”
Interestingly enough even the write up on the Football Association of Zambia (FAZ) Facebook page admits that Kelvin Mwanza did not sign the said contract.
“However, the Disciplinary Committee re-examined the case and found that the player had entered into a new contract, with the club honouring its obligations which the players signed off. Maestro United presented evidence of the payments under the new contract the player agreed to but had not signed.
Both parties made appearances before the Disciplinary Committee and made their submissions,” – reads part of the statement on the FAZ Facebook page.
This situation has led to increased calls for intervention from FIFA, with stakeholders demanding that the international governing body step in to uphold the integrity of the sport as laid down by its regulations on contracts and player freedom.
Critics argue that the Disciplinary Committee has overstepped its mandate, raising concerns about the future of transparency and fair process in Zambian football.
