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JUSTICE FOR MANOMA: Seasoned Lawyer Kalekeni Kaphale SC says FAM Competitions Committee ‘erred’

On Saturday, 14th October 2023, Kalekeni Kaphale SC, led a 9 member Wanderers FC delegation to the hearing of appeal case involving Mighty Mukuru Wanderers football Club (“the appellant”) and Football Association of Malawi (FAM) (“the Respondent”) at FAM’s Mpira Offices in Blantyre.

In his submission, Kaphale SC on behalf of the legal team argued that the FAM Competitions Committee erred in the first place by not inviting the appellant to a hearing before making its determinations.

This according to Kaphale contravenes rules of natural justice and FIFA Disciplinary code which respects internationally accepted human rights.

On FAM’s determination that the referee’s decision is final, Kaphale argued that the Airtel Top 8 rules cannot override FIFA rules as rules made by a lesser body under FIFA must comply with the FIFA rules. The Senior Counsel cited various provisions and instances where referees’ decisions were overturned.

Kaphale also questioned the change in numbers of seats which were damaged at the Bingu National Stadium which jumped from first figure of 70 to 239, describing it as outrageous. He contested the development saying the figures were arrived out without prior involvement of the appellant during the assessment.

The highly respected lawyer, Kaphale SC has since prayed for the nullification of FAM’s Competition Committee judgement.

The hearing was chaired by Allison M’bang’ombe with a panel consisting of private practice lawyers Khumbo Soko and Ted Roka.

The respondents were led by Williams Banda with members including Raphael Humba, FAM CEO Alfred Gunda as well as the Competitions and Communications Director, Gomezgani Zakazaka.

 On the other end, Kaphale SC was assisted by Counsel David Kanyenda and the Board Secretary for Wanderers, Chancy Gondwe.

The Appellant was also represented by Director Limbani Magomero, Acting CEO Roosevelt Mpinganjira, Media Officer Chimwemwe Kaonga, Head Coach Mark Harrison and Captain Stanley Sanudi.

The appeals panel will be making their determinations in due course.

Mighty Mukuru Wanderers FC appealed against the verdict of the FAM Competitions Committee on charges of misconduct following events that occurred at the Bingu National Stadium (BNS) on 23rdSeptember 2023 during an Airtel Top 8 match between Silver Strikers and Mighty Mukuru Wanderers.

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