Kalu suffers another set back
BREAKING NEWS: COURT OF ARBITRATION AWARDS FAZ COSTS IN KALUSHA BWALYA APPEAL
By Shalala Oliver Sepiso
I can exclusively reveal that, following the failure to pay the second deposit on deposit on costs of about K200,000 by Kalusha Bwalya and his case being deemed withdrawn, the Court of Arbitration for Sport has today 9th July 2020, in Switzerland, rendered its final judgement in the case.
In line with Article R64.4 CAS Code which provides the following:
“At the end ofthe proceedings, the CAS Court Office shall determine the final amount of the cost of arbitration, which shall include: the CAS Court Office fee, the administrative costs of the CAS calculated in accordance with the CAS scale, the costs andfees of the arbitrators, the fees of the adhoc clerk, if any, calculated in accordance with the CAS fee scale, a contribution towards the expenses of the CAS, and the costs of witnesses, experts and interpreters”, the CAS has awarded FAZ costs of CHF 1,000 and has also charged all costs of the case on Kalusha Bwalya with the final amount to be determined later and communicated administratively. The award is also in line with Article R64.5 CAS Code which says the following: “In the arbitral award, the Panel shall determine which party shall bear the arbitration costs or in which proportion the parties shall share them. As a general rule and without any specific requestfrom the parties, the Panel has discretion to grant the prevailing party a contribution towards its legal fees and other expenses incurred in connection with the proceedings and, in particular, the costs of witnesses and interpreters. When granting such contribution, the Panel shall take into account the complexity and outcome of the proceedings, as well as the conduct and the financial resources of the parties.”
This means that Kalusha Bwalya will pay FAZ about K20,000 towards FAZ costs for their lawyers and maybe another K300,000 to the Court of Arbitration for Sport for their costs.
Further, the case will now be deleted from the records of CAS since it is deemed to not have been completed though the right to re-appeal has since expired and the judgement by the FAZ Elections Appeals Committee on Kalusha Bwalya’s ineligibility to stand for FAZ elections remains final.
I will not write much on this case because I covered it a lot and exclusively. Let me just share the cover of the 9 page judgement and the last page. If time allows I shall share the rest of the judgement here but will also share it with some bloggers who can then circulate it in football WhatsApp groups.
The judgement reads in part:
ON THESE GROUNDS
The Court of Arbitration for Sport rules that:
- The procedure CAS 2020/A/6812 Kalusha Bypalya v. Football Association ofZambia is terminated and removed from the CAS roll.
- The costs of the arbitration, to be determined and served on the Parties by the CAS Court Office, shall be borne in full by Mr Kalusha Bwalya.
- Mr Kalusha Bwalya shall bear his own costs and pay the Football Association of Zambia a contribution in the amount of CHF 1,000 (one thousand Swiss Francs) towards its legal fees and other expenses incurred in connection with the present arbitration proceedings.
Seat of arbitration: Lausanne, Switzerland Date: 9 July 2020
THE COURT OF ARBITRATION FOR SPORT
André Brantjes | Dennis Koolaard
Sole Arbitrator | Adhoc Clerk