By Shalala Oliver Sepiso
Good morning football family. I am back after two days of silence.
A lot has been happening in the background over these last two days but these are matters I can’t discuss in these updates. We await the time when it will be ok to discuss them. Lets discuss the overt matters as opposed to the covert.
KALUSHA HAS PAID HIS COURT OF ARBITRATION (CAS) FEES
I have received alot of abuse from both Kamanga’s camp and Kalusha’s camp though one camp has been over the top. When i say something against Kalusha it is because I believe so and its my opinion. It doesnt mean I eat from the other camp. And vice versa. I am a football manager and my interests are simple: football has to go on. The abuse keeps coming because the supporters accuse me to being biased and parroting agendas. Now what you guys should know is that while you insult me and don’t show me love, the serious and senior people in either camp respect my documenting of these articles and the efforts I put in and are in touch with me from both sides.
So I managed to speak to the Kalusha camp on the payment issue and the person who makes payments on behalf of the great icon confirmed that Kalusha has paid the CH11,000 the CAS asked him to pay. Remember I reported earlier that FAZ hasnt paid their CH 11,000 saying they don’t have a budget for the case?
Now a cursory look at court cases shows that when one party to litigation meets all court requirements and attends all sessions
while the other doesn’t do that, the judge, or should I say the bench, will find for the ligant in good standing with the court in a default judgement. The default judgement is usually one were the plaintiff is given or granted all his prayers as per deposition before the court or should I say argument of the case before the court. So the assumption would be that everything Kalusha has asked the CAS should be granted since he is in good standing with the CAS while FAZ is not.
However, rememeber that while this is a court, the operative word is “arbitration”. So both parties have to be before the court and argue out otherwise the case falls. So the onus is on Kalusha Bwalya to pay both parties’ fees to make this happen. He has to pay another CH11,000 to meet the full valuation. In total that is about K390,000.
Secondly the reason there cant be a default judgement is that the costs for the court are based on the enpanelling done for the case as requested by the appellant. In this case Kalusha asked for a single arbitrator. And the costs came to CH22,000 to be shared by the appellant and the respondent. Since the appelant has paid and the respondent hasn’t, the case cant be heard. Kalusha can appeal to the president of the CAS to allow it to be held in special circumstances though.
CONTEMPT CASE IN LUSAKA
The contempt case where bench warrants were issued was in session today at 9am in the Lusaka Surbodinate Court today. I will report later whether kamanga attended, what the margistrate said and what decisions where made. So expect an article in the evening.
What I am getting is that the matter has been adjourned to April 21 for ruling on whether the matter is properly before the court since the main matter is in the High Court. I assume this means the bench warrants are still active.
INTERPARTE HEARING IN NDOLA HIGH COURT
The Damiano Mutale vs FAZ case comes up today in Court but am not sure the time. I will sniff around for dat and come back. I will update at the same time with the Lusaka court case.
THE MINISTER’S DIRECTIVE ON RECONCILIATION
NSCZ is not the best route. This has to be done by elder statesmen like RB, Tom Mtine, Hanif Adams etc. The FAZ patron, Eagle 1, is best placed to either sit the two down or set up a team to reconcile the two camps. However he has serious national issues on his desk right now and this one pales in comparison. But a statement of support for reconciliation even from the aides of the president can calm nerves.
The minister is seen as an interested party and more friendly to one camp and not the other. So he will be accused whether he manages to reconcile the two or not. It is best if he recuses himself. In fact he will start making amends to the observers by first approving the signing of Micho’s contract to show the start of a new direction. Secondly the NSCZ already recused itself. So asking it to handle this will smack of suspicions.
However if the NSCZ remains the way forward, my only advice is for the NSCZ to include outsiders to help in the mediation. Will it be just FAZ and kalusha? How about Damiano? And the lawyers Mosho vs Mosha? In fact the meeting at Sports should only be a culmination of background work of negotiations. Let us all contribute to resolving this. Ine if invited I will attend and bring these two AK and KB together and see how they can both play their parts.
SHOULD KAMANGA ALLOW KALUSHA TO STAND?
I read so many comments on Facebook that Kamanga must be fair and allow Kalusha to stand. Guys you give kamanga too much credit here. Kamanga is a candidate and it is not up to him on who can stand or not. Kamanga may appear to be the most powerful entity in football right now but that is the preserve of the FAZ Council. So no kamanga cannot allow Kalusha to stand because he doesn’t have the power and if he tried he can be impeached for insurbodination to decisons made by the FAZ Council.
So if kalusha is to stand, three things can and should happen. In fact 4.
Firstly, an Extra-ordinary General Meeting of FAZ can be called in accordance with article 39 of the FAZ Constitution of 2017 (as amended in 2019) which would then deem Kalusha’s application fit for purpose and allow him to stand or not. In the current roadmap the EGM doesn’t exist. So calling it doesn’t look possible but its an option. Article 79 of the constitution can be used to support Article 39 to call this one.
Second option is for kalusha Bwalys to send an email (letter) to the FIFA Ethics Committee for an opinion on his Integrity Test submission. Once FIFA responds and says he passes the test, then he stands because FIFA decisions override FAZ decisions. If I was a Kalusha advisor, I would go for this one. There is no danger in this. If you write and don’t get a decision, it doesnt change anything. No loss. This is because he still has an appeal at CAS and I always say the case at CAS was well done by Mosho and Phiri and Kalusha has a chance. CAS is higher than FIFA and so whatever FIFA says right now doesn’t stop the CAS case. But the CAS case will take long. Firstly there is the payment issue, then there is the actual hearings which will be in May or after. For me it is a no brainer to try FIFA.
Third option is of course the CAS case which if it rules before elections allows Kalusha to stand. For fair play and fairness FAZ has no option right now but to wait for all CAS proceedings and even local court processes to end before elections so that Kalusha has a fair chance to stand.
Fourth and last option is for the two parties to reconcile and negotiate and sign a consent judgement which they can give to FIFA or CAS to endorse. This can allow kalusha to stand in exchange for all fighting and court processes to end and give football a new breath. The consent judgement can also be done in front of the FAZ Triburnal in accordance with Article 63 of the FAZ Constitution. Currently this triburnal is not in place but the FAZ ExComm has power to appoint his under Article 79 and convene it without delay.
So for me, let the two parties reconcile and allow one or two of the above to play out. If Kalusha pulls through let him stand. If not then he will be happy justice prevailed and he was given a chance.
SHOULD KAMANGA SUPPORT RECONCILIATION?
Yes of course. He is the one whose name is appearing on a bench warrant. Contempt in this case is criminal. Surely if you love kamanga you don’t want him to be convicted and then have a criminal record on his back; do you? If convicted Kamanga doesn’t qualify for a visa to UK or USA and cant even have a good credit rating for his business. He can’t guarantee loans and facilities for his investments. Meanwhile iwe ndani, you his supporters, want him to play hard-ball and fight and fight and fight while you keep your jobs and families and lives. While he faces life in police cells you are self-quarantine in your cosy home watching Al Jazeera. Awe muntu wandi Kamanga muntu fye nankwe. He bleeds bood and is no robo-cop, Plus ivi nivi bola che.
So there shouldn’t be egos here. Let the two reconcile and negotiate and compromise. If kalusha has to stand let him stand through a process that is allowed by the constitution and approved by FIFA so we are in compliance with the global body.
Those who are supporters of both camps, you have to understand that losing an election or opportunity happens. You can’t have it your way always with the exclusion of others in perpetuity. You can’t force tour way also into power by all means. Something has to give from both sides. After all Newton’s Third Law of Motion states: “For every action, there is an equal and opposite reaction.” This is why I always say there are no winners here but just losers. Reconcilation changes things to everyone being winners. Because no matter who leads us, we shall be guaranteed government support and also guaranteed that everyone will be allowed into football.
If I was a Kamanga advisor, I would ask him the following questions: “Which is worse, reconcile and allow a process that allows Kalusha to stand and face defeat? Or allow the status quo which excludes Kalusha and has court cases and may make me have a criminal record?”