NOW DAMIANO MUTALE AND PATSON LUSAKA TO BE REPORTED FOR PERJURY AND UTTERING FALSE DOCUMENTS BEFORE A JUDGE
In the latest twist of this football soap-opera that keeps giving and giving, the Football Association of Zambia is in the process of reporting to the police Damiano Mutale and Patson Lusaka for perjury and uttering false documents by laying a misleading deposition before court that included claims of them registered officials of FAZ member clubs when in fact not, contrary to article 104. and article 352 of The Penal Code Act of the Republic of Zambia respectively. They are also being reporting for False swearing.
It has come to light in the days after the Ex-parte Order that Damiano Mutale, who claimed to the represent Damiano Football Academy of Mufulira and playing in the third division of the Copperbelt region of the FAZ league as Secretary General, is a banned official and so is not registered with FAZ for the 2019/2020 season. Information seen by this amateur writer also shows that, contrary to the claims that Patson Lusaka is the secretary of Brave Rovers of Kitwe which plays in the Copperbelt amateur league of FAZ, the club is not registered or recognised by FAZ for the 2019/2020. It is believe that the two falsied the details to obtain the Exparte Order in a grand scheme of deception and lies that are aimed at bringing chaos to the good game of football so that Zambia is banned from playing football.
The reader will wish to know that currently, under new FIFA Club Licensing Reforms, clubs and club officials have to register with FAZ every season and unregistered clubs are not on the membership roll of FAZ for that year.
Let’s look at the charges in terms of the law so that as laymen we know what the police and the courts will look at: Article 104 of the Penal Code, found in PART II – Crimes, DIVISION II – OFFENCES AGAINST THE ADMINISTRATION OF LAWFUL AUTHORITY and CHAPTER XI – OFFENCES RELATING TO THE ADMINISTRATION OF JUSTICE, says in (1): “(1) Any person who, in any judicial proceeding, or for the purpose of instituting any judicial proceeding, knowingly gives false testimony touching any matter which is material to any question then pending in that proceeding or intended to be raised in that proceeding, is guilty of the misdemeanour termed “perjury”. (2), (4), (5) and (6) say: “It is immaterial whether the testimony is given on oath or under any other sanction authorised by law,” “it is immaterial whether the false testimony is given orally or in writing,” “it is immaterial whether the court or tribunal is properly constituted, or is held in the proper place, or not, if it actually acts as a court or tribunal in the proceeding in which the testimony is given,” and “it is immaterial whether the person who gives the testimony is a competent witness or not, or whether the testimony is admissible in the proceeding or not.”
On uttering a false document, Article 352. of the Penal Code says: “Any person who knowingly and fraudulently utters a false document is guilty of an offence of the same kind, and is liable to the same punishment, as if he had forged the thing in question.”
On false swearing, 109 says: “109. False swearing – Any person who swears falsely or makes a false affirmation or declaration before any person authorised to administer an oath or take a declaration upon a matter of public concern under such circumstances that the false swearing or declaration if committed in a judicial proceeding would have amounted to perjury, is guilty of a misdemeanour.” 106. says that any person who commits perjury or suborns perjury is liable to imprisonment for seven years.
Meanwhile it is not clear if the lawyers and other peope working with Damiano and Lusaka will also be cited for “Subornation of perjury”. 104.(7) says: “Any person who aids, abets, counsels, procures, or suborns another person to commit perjury is guilty of the misdemeanour termed “subornation of perjury”.”
As this is going on, FAZ will also be pushing the courts to vacate the ExParte Order believing it is frivolous, mischievous and void ab initio since the legs on which it stands should even exist.
It is believed, by supporters of Kamanga, that, being a banned person, Damiano doesn’t care about Zambian officials hence his pushing for the ban by hook and crook even when many people rely on football for subsistence, all because of wanting to advantage his associates and punish his nemesis. As a former official, Damiano Mutale is said to be aware of the laws in the FAZ Constitution and FIFA statutes that prohibit taking footballing matters before court. Further, it has been argued that based on these perceived misrepresentations, the court would ordinarily not have granted the order because Daniano and Lusaka do not have loci standi in this case as they have no interest in FAZ and its affairs, being not persons who belong to a member of FAZ.
Damiano Mutale has had a long history of legal fights with FAZ. we chronicle them below in Chronological order:
On 22nd June 2016, the Times of Zambia reported that FAZ president Andrew Kamanga had warned Pivoty Simwanza and Damiano Mutale against inciting lower division clubs to reject the adoption of the new Electoral College and to boycott games. But Mutale said he was merely speaking for the voiceless clubs that are planning to boycott league games because FAZ has failed to explain how the reduction of the Electoral College will affect them.
On 30th June 2016, Blackwell Siwale, then FAZ Executive Committee member of FAZ, officially lodged a complaint againt Damiano Mutale to the FAZ Disciplinary Committee over a social media post. “On 25th of June 2016, Mr Damiano Mutale posted defamatory language on a football chat group called “Football is Life”. The words demeaned my status in society and in the right thinking citizens of society that am a reckless and a womaniser. I wish therefore that you consider disciplinary action at your sitting on Saturday the 2nd of July 2016.”
A few days later, Damiano issued insults directed at Kamanga and other FAZ officials.
On 4th July 2016, The Post reported, in a story entitled: “FAZ BANS 5 …club officials for insulting Kamanga”, that “FAZ has suspended five lower division club officials for two months for allegedly insulting association president Andrew Kamanga.” The story also said the following: “FAZ general secretary Ponga Liwewe said the decision was arrived at after a disciplinary hearing at Football House on Saturday. Liwewe said the affected officials would be out of football affairs for 60 days until September 2. “Yes, the disciplinary hearing was conducted and they [erring officials] were suspended for two months,” said Liwewe.” The suspended officials were accused of having insulted the new FAZ executive committee when they boycotted lower division league games to pressurise FAZ to call for an extraordinary convention to explain the FIFA directive to reduce the electoral college from 350 to about 80 by September 30. The officials suspended included Damiano
Mutale of Mufulira’s Damiano Soccer Academy and FAZ coordinator for Kitwe and Zanama Brave Rovers Football Club chairperson Kelvin Chipili.
The minutes of the proceedings and judgement of the Disciplinary Committee which sat on 2nd July, 2016 in the case of Mr Damiano Mutale, show that FAZ alleged that Mr attacked a number of FAZ Executive Committee members in the press and on social media contrary to FAZ, CAF and FIFA statutes which state that registered officials and players are prohibited from attacking fellow club officials and members of the football association through the press, radio and television since there are adequate provisions for communication of grievances. The suspension was made pursuant to article 7.10 of the FAZ Disciplinary Code followed Damiano’s admission of guilt.
However, on 19th July 2016, it came to the FAZ’s attention that despite Mr Damiano Mutale being officially informed of the decision of the Disciplinary Committee, he was still performing his official duties and had not respected the decision of the Association.
Two months later, on 9th September 2016, The Football Association of Zambia (FAZ) ifted the two month suspension of three officials who insulted FAZ president Andrew Kamanga and other FAZ officials after their cases were reviewed on Saturday, September 3. Two of those reprieved were Damiano Mutale of Damiano Soccer Academy in Mufulira and Kelvin Chipili of Zanama Brave Rovers in Kitwe were suspended following a FAZ Disciplinary Committee decision on 2nd July, 2016. FAZ General Secretary Ponga Liwewe told the press that he hoped that the trio had learned from the suspension and that going forward they would not engage in activities that would bring the Association into disrepute. “Football has rules and regulations and they need to be followed to avoid anarchy in the running of the game. I am of the belief that lessons have been learned and that we will be able to move forward harmoniously and work together for the development of Zambian football,” Liwewe said
On 26th September 2017, FAZ was served a letter from lawyers Iven Mulenga and Co of Kitwe with the subject matter “Harrasment and Ejection from AGM of Kelvin Chipili and Damiano Mutale” in which Damiano and Chipili were demanding K1,000,000.00 for damages following what they called the embarassment and ridicule of being ejected out of the FAZ AGM in full view of the general public and as was published in the media. Damiano even accused Ponga Liwewe of having connived with them raise an impeachment motion against Kamanga in accordance with article 28.2 (i) and (ii) of the repealed FAZ Constitution at the AGM but were ejected for “causing confusion”.
About the same time, Kelvin Chipili and Damiano Mutale reported Andrew Kamanga to the Anti-Corruption Commission for abuse of authority. However, ACC did not see merit in their accusation and did not take action.
One August 20, 2017, the Zambia Daily Mail, in a story entitled: “Release Kamanga probe findings, ACC told”, reported that lawyers, representing complainants ZANAMA Rovers secretary Kelvin Chipili and Damiano Academy owner Damiano Mutale were planning to take legal action following the Anti-Corruption Commission (ACC)’s reluctance to release its findings on Football Association of Zambia (FAZ) president Andrew Kamanga’s alleged abuse of office case.
The lawyers had given the ACC a seven-day ultimatum to avail them with the findings or face legal action a letter dated August 1, 2017 and addressed to ACC director general.
On August 22, 2017, in a story “KAMANGA CLAPS BACK”, the Times of Zambia reported that FOOTBALL Association of Zambia (FAZ) president questioned the intentions of Damanio Mutale and Kelvin Chipili on the Anti-Corruption Commission (ACC) probe especially that the case had easier been submitted to ACC but withdrawn. In the same story, Kamanga seemed to connect the action of Damiano and Chipili to his instructions to general secretary Ponga Liwewe to ensure that the $80,000 former president Kalusha Bwalya obtained from Bin Hammam using FAZ’s name had to be paid back to the association. Kamanga wondered why Damiano and Chipili had insisted on using ACC instead of following FAZ channels to air their grievances.
On 23rd August 2017, it emerged that FAZ Executive Member Elijah ‘Shenko’ Chileshe was being accused of working with Damiano Mutale and Kelvin Chipili to move clubs to boycott games. The Zambia Online publication in a story entitled “FAZ Executive Member ‘Shenko’ In Hot Soup” reported that Elijah Chileshe on the brink of suspension for allegedly working with Damiano Academy proprietor Damiano Mutale and Zanama secretary Kelvin Chipili to destabilise the running of football. But Chileshe denied working with the Division Two outfits’ officials to cause anarchy.
Football House sources told the Zambia Daily Mail in Lusaka that Chileshe’s case had been included as an agenda item for the following weekend’s executive committee meeting. Chileshe said from Kitwe yesterday: “I am innocent. I don’t know anything. These allegations are unfounded and untrue. I don’t know why some people are trying to bring my name in things that I don’t know. The fact that I know Mutale and Chipili does not mean I can engage myself in things that people are talking about.” [NOTE: Chileshe would later (this year) share the same lawyers as Damiano and Chipili in Lewis Mosho and Gilbert Phiri.]
When they failed to move the ACC, Damiano and Chipili went to court and sued Andrew Kamanga for abuse of authority in a private prosecution case.
On 29th September 2017, FAZ president Andrew Kamanga’s abuse of authority case was withdrawn on technicalities. In this matter, it was alleged that Kamanga between January 1, 2016 and December 2016 did pay or directed to be paid from funds belonging to FAZ and in abuse of office of the president of FAZ the sum of K24,552.00 to Savoy Hotel. In the said sum is in respect to bills incurred by James Mpombo, Hamalabi Nyirenda and Zebron Nkhoma who at the time were non-executive members of FAZ. The complainant in this case are Kelvin Chipili and Damiano Mutale. When the matter came up before Ndola magistrate John Mbuzi, Kitwe lawyer Ivan Mulenga informed court that they were still waiting for instructions from the DPP.
“The matter was scheduled for plea, however, we still await the consent of the DPP to private prosecute this matter in the meantime there are some technicalities that we have noted and feel that for now it will be best that the matter be withdrawn and we will pre-institute,” Mulenga said. Kamanga’s lawyer David Chakoleka did not object to the application. “This is a matter that came as a way of complaint and in that respect, it is within the prerogative of the complainant to withdraw the matter. We have no objection,” said Chakoleka. Magistrate Mbuzi granted the application and discharged the accused.
On 9th April 2018, Desmond Katongo, the Communications Manager of the Football Association of Zambia announced that FAZ had banned Mr. Damiano Mutale and Mr. Kelvin Chipili from all football-related activities for putting the name of the association and its President into disrepute. This followed the duo’s decision to take the FAZ President to court for abuse of authority of office, a matter which was later withdrawn by the complainant. The duo has also been found guilty of falsely accusing the Association of preventing them from attending the Annual General meeting. This was the same day when FAZ banned formerly expelled FAZ Executive Committee member, Mr. Blackwell Siwale from all football-related activities following a meeting held by the FAZ Ethics Committee, on Friday, April 6, 2018, which “found Mr. Siwale guilty of obtaining and circulating illegally obtained FAZ documents and misappropriating gate receipt takings in excess of K150,000”.
A few days later, the Zambia Daily Mail reported that, according to documents filed in the Lusaka High Court, on 20th April 2018 Football Association of Zambia president Andrew Kamanga sued football administrators Kelvin Chipili and Damiano Mutale, and Iven Mulenga, a lawyer, for allegedly spreading falsehoods that he abused his office. Kamanga demanded K122,509 in legal fees and general and exemplary damages for malicious prosecution and fake imprisonment following allegations that he abused his office by directing FAZ to settle a bill of K24,353.00 at Ndola’s Savoy Hotel for members of his campaign team in 2016.
On 21st October 2019, in a story entitled “High Court throws out Kamanga’s defamation lawsuit”, Judge Kaunda Newa ruled that, even though the statement issued against Kamanga was defamatory, Kamanga failed to prove that the 1st and 2nd respondents issued the statement jointly.
The judgment read: “The document on pages 2 and 3 of the plaintiff bundle of documents are not dated, so it is not known whether the statements were allegedly made …The defense by the 1st and 2nd defendants is that they did not issue a joint statement to that effect. No evidence was led to rebut the 1st and 2nd defendants defense by the plaintiff. Therefore, while the statement on page 2 of the plaintiff’s bundle of documents was defamatory, as no defense to the words stated was given, it has not been approved in a balance of probabilities that it is attributed to the defendants…”
The bad blood between Damiano and FAZ/Kamanga was still being reported as late as last November and December. On November 7th 2019, News Diggers in its story “Kamanga’s FAZ is the Worst – Mutale” quoted Damiano as saying “This is the worst FAZ administration we have ever seen” and “Zambia has never experienced the administration malpractices currently displayed by the executive.” On 17th December 2019, in a story entitled: “Damiano Mutale opposes Kalusha’s FAZ Panel Appointment”, Lusaka Times reported that “Mufulira football administrator Damiano Mutale has opposed FAZ’s plan to include Kalusha Bwalya on the panel to recruit the new Chipolopolo coach. Kalusha himself is yet to publicly comment on the matter. FAZ is working with Minister of Sports Emmanuel Mulenga to persuade Kalusha on this issue. But Mutale, an ally of Kalusha, said the soccer icon should not be involved in the process of recruiting next Zambia coach. “Let them leave Kalusha alone. Where were they all this time? Now that it’s too late that’s when they want to call on Kalusha. They want Kalusha Bwalya to be part of their failure as FAZ,” Mutale said.”
Ending this long article begs the question: who is this Patson Lusaka who worked with Damiano Mutale to get the ExParte Order which has stopped the FAZ elections and almost brings Zambia to the brink of a FIFA ban with Muchinga elections are not held tomorrow? It is worth noting that, from the above narrative, Damiano Mutale was operating with Kelvin Chipili. During the above period, Kelvin Chipili was the secretary of FAZ Division Two side Zanama Brave Rovers which is the same institution that was used by Patson Lusaka to get an ExParte Order in the Ndola High Court to stop the elections. Whereas the Kitwe-based football administrator, Kelvin Chipili, was a known Kalusha Bwalya ally like Damiano Mutale, and a Kamanga nemesis, Patson Lusaka is more of an unknown.
Damiano Mutale and Kelvin Chipili remain banned officials.
I will be back with updates in the evening as I have lots of meetings the whole day and can’t attend to this matter the way I did over the weekend.
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