THE CURRENT TRAJECTORY IN FAZ WRANGLES WILL ONLY LEAD TO LOSERS AND NO WINNERS
NO WINNERS ONLY LOSERS
It is going to 12 rounds like I said and fasten your belts because this will be a bumpy ride. It is not for the fainted. This is stuff for the big boys. Yesterday was just the start of round 1 but people were excised over FIFA letters, bench warrants and press statements. In reality guys there is nothing to be excited about. If for a second you were excited about Kamanga being given the green light to stay in office and you throw that to kalu supporters saying: “In your face!” just know you are wrong. Similar if the Kamanga bench warrant founds pride of soace on your wall because you hate Kamanga and want to see him suffer, again you are wrong. Where is the decency in our football? Football should not be about breaking bones and bonds and brawls. It should be about dribbles both on the pitch and the boardrooms and also wills of wit. It should bring us together and not divide us.
I noticed that many people wanted to see the leter from FIFA saying Kamanga remains president until the elective AGM because some thought it was fake. So I dug through my connections and I have retrieved it. (Kindly find attached hereto). I am also sharing one of the bench warrants issued against FAZ connected peope and in this case it is Andrew Kamanga the FAZ President.
Now a few days ago, I did say that the current trajectory will only lead to worse acrimony and losers on both sides. There cant be winners when people in football fight like this. When I looked at my Facebook timeline this morning, I am just seeing a phot of excited postings from both the supporters of Kamanga and those of Kalusha. Its like the school playground again when the class is split between the bully and the brave challenger who says “we shall meet ku ground after class”. Everyone just wants to see who will bleed first forgeting that bleeding means damage to the protagonists. Why are we such sadists that all we want is to see damage on our national icon Great Kalu? Why do we want Kamanga in trouble and out of the way using all means necessary? In the end this episode is exposing each one of us more than it is exposing Kalusha and Kamanga, the two ernstwhile friends.
What we need now is healing. Its time for elderly sports people like hanif Adams, Tom Mtine, Rupiah Banda and others came in and brokered a truce. Let Kalusha be allowed time at Court of Arbitration to argue his case while elections wait so that if he wins he is allowed to stand and if he loses there is no what-ifs. Also let the local court actions be completed. We are a country of laws and courts must be respect. I have explained many times that even if someone brought the matters before court wrongly we still have to respect the courts. Am happy FAZ respected the courts and are appearing on all fronts.
Now let me explain a bit about these court cases and bench warrants and hat they mean.
On 11 March 2020, the Plaintiffs Damiano Mutale and Patson Lusaka commenced the current matter in the High Court at Ndola by Writ of Summons and Statement of Claim seeking a plethora of reliefs including the following: (i.) An order to stop the ongoing FAZ electoral process which begun on 7 day of March 2020 leading up to the Annual General Meeting of the 28th March 2020 until the claims herein are fully determined and or until further order of Court; (ii.) An order to stop the holding of the Annual General Meeting scheduled for 28th March 2020 at which elections are planned to be held or until a further order of Court; and (iii.) Any other relief the court may deem fit. The same day, the Plaintiffs made an ex parte application for an order of stay of the ongoing FAZ Electoral process and the FAZ elections which begun on 7th March 2020 and scheduled to end on 28 March 2020 at the FAZ AGM. Again the same day, the application was heard ex parte and the ex parte order of injunction was granted by the Court.
On 16 March, FAZ filed a conditional memorandum of appearance on condition that FAZ would file an application for an order of stay of proceedings and an order that the matter be referred to arbitration. Later the same day, FAZ filed an urgent application to discharge the ex parte order of injunction and asked to be heard as a matter of urgency. In response, the Judge communicated to the Court Marshal that she was not feeling well and would hear the application the next day on 17 March 2020.
On 17 March 2020, the Judge didn’t hear the application to discharge the ex parte injunction but decided that she wanted to hear the other parties as well and set 19 March 2020 as the date for the inter partes hearing of the matter. In response, on 17 March 2020, the plaintiffs filed an application for leave to commence contempt of court proceedings against FAZ General Secretary and FAZ Electoral Committee members.
On 18 March 2020, which is the following day, the Plaintiffs filed a motion to expunge certain parts of the affidavit in support of the application for discharge of ex parte injunction and/or have the whole affidavit set aside.
On 19 March 2020, the matter came up for hearing. In the discussion in chambers, the respondents argued that the matter should have been taken to arbitration. The Plaintiffs’ lawyers were adamant that the Court has jurisdiction because FAZ has not yet set up an Arbitration Tribunal under Clause 60 (3) of the FAZ Constitution. But the Defense lawyers said that the matter should be referred to arbitration because the FAZ Constitution is very clear that only the Court of Arbitration for Sports has jurisdiction in the matter. They raised a preliminary issue on a point of law as to whether the matter was properly before the Court given that the FAZ Constitution had an arbitration clause requiring that all such disputes as the Plaintiffs’ claims to be referred to arbitration and that, upon such determination, whether the matter should be dismissed with costs.
At this point, the Plaintiffs’ lawyers applied to file written arguments on the issue but the Judge was of the opinion that there was no need for parties to file any submissions as the dispute was very clear and she could decide the issue based on the documents on record. The Plaintiffs’ advocates insisted that their client had the right to be heard on the matter. Therefore the Judge gave the parties time to file written submissions. The defendants indicated that theirs would be filed and served on Friday 20th March 2020 and applied that the Plaintiffs be equally given only a day to file theirs because the matter was urgent. In the end, the Judge gave the Plaintiffs up to Tuesday to file their written arguments.
Finally, the Judge reminded the parties that whe was conducting criminal sessions which take precedence over civil matters but would endeavour to deliver her decision not later than 30 March 2020. The defences however applied that the ruling be delivered much earlier because the AGM was scheduled for 28 March 2020.
The famous bench warrants are arising from the process in Lusaka not the one in Ndola. In Lusaka yesterday, Chief Resident Magistrate Lameck Mwale issued a bench warrant against Football Association of Zambia (FAZ) president Andrew Kamanga and five others for failing to appear before him. In this case, Kamanga and other FAZ officials who include Adrian Kashala, Ronald Hatoongo, Steven Nyondo, Alistair Kaleji, Bazolo Msekeka and Christopher Munachuka are facing contempt of court for allegedly defying a court order issued by the Lusaka High Court to stop the FAZ Electoral Process and Elections. It is alleged that the seven jointly and while acting together with other persons unknown, committed contempt of court by proceeding to conduct the FAZ Electoral Process and Elections in defiance of a court order dated March 11, 2020. When the case came up, private prosecutor Gilbert Phiri informed the court that it was coming up for plea but only Kashala was present. Passing ruling on not appearing before the court, Magistrate Mwale, said it was clear that the accused persons were aware but had decided not to go to court. Magistrate Mwale said it was the reason, they instructed him to represent them in the matter. “I therefore, order that a warrant of arrests be issued against all the accused persons except for Kashala who is here, you can go and come next week,” magistrate Mwale ordered. He adjourned the case to March 25, for return of bench warrant and plea.
I have argued on the merits of the contempt in my previous articles and wont say much on that now.
I told you guys that by the end of this FAZ issue, we shall have had read the law and become Facebook Lawyers like Chilufya Tayali only us we are for football not attacking Simon Mwewa lane and others hahaha. To reiterate, a bench warrant is a summons issued from “the bench” (a judge or magistrate or court on behalf of the state) directing the police to arrest someone or defendant who violates the rules of the court and must be brought before a specific judge either for contempt of court or for failing to appear in court as required. In this case it was a bench warrant for failing to appear before a court in a case for contempt. Once a bench warrant is issued, the police can treat it like any other arrest warrant and use it to bring the defendant back in front of the judge. By contrast, the arrest warrant process is started by a police officer. The officer files a statement with the judge explaining why he believes that the person named has committed a crime (in legalese, the officer is showing “probable cause” to arrest the person). If the judge is convinced, she signs the warrant, and the police can make the arrest. That doesn’t mean that police officers must go running back to court for arrest warrants for every purse-snatcher they see. Many arrests do not require a warrant at all. The most typical use of an arrest warrant is when an officer wants to nab an unsuspecting suspect in the comfort of his or her own home. Simply busting down the suspect’s front door in such a non-emergency situation would be neither polite nor legal.
NEED FOR RECONCILIATION
Today is a Saturday, dont expect much action from the Battle of Mhlathuze River. Against because of these same infightings as well as COVD_19, dont expect much action from the footbal pitch anyway. That is why we need reconcilliations. Kalusha and Kamanga must find in in their hands to work together. Supporters from both camps must also learn to coexist. Expect more action on Wednesday when Ndola High Court reads through the submissions and makes a decision. Again the same day the Lusaka Surbodinate Court will have the “bench warrant case” up and running. My worry is the Court if Arbitration Case. I think the best is for that case to conclude before elections so that if Kalu wins he is allowed to stand and if he loses then we move on with elections without him. But I think the non-payment of deposit for costs is the sticking point. Since FAZ hasnt paid their part, the onus is on Kalusha to pay the whole amount roughly K400,000 for costs of the court to have the case even start. Riht now nothing is happening as there is no indication from kalusha’s camp that the fee was paid. At some point after the deadline, the CAS will dismiss the case for non-payment. It may be this coming week.
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