Mighty Mukuru Wanderers Football Club did not only get a ruling on their appeal on their abandoned match against Silver Strikers Football Club in the Airtel Top 8 competition, but they were also taught how football is governed, especially when it comes to disputes.
The fresh ruling comes after the Football Association of Malawi (FAM) disciplinary committee ordered a re-trial of the case, following Wanderers’s appeal of the earlier ruling which they were fined K24.5 million and award their abandoned Airtel Top 8 quarter-finals first leg to Silver Strikers.
However, after hearing the case again, the competitions committee comprising chairperson High Court Judge Jabbar Alide, who is also FAM first vice-president, Super League of Malawi general secretary Williams Banda, Northern Region Football Association chairperson Lameck Khonje, Southern Region Football Association chairperson Raphael Humba, Isabel Kachinjika, Chimwemwe Nyirenda, Dumisani Ngulube and FAM general secretary Alfred Gunda, has not changed its stance.
Apart from delivering a ruling on the dispute at hand, the committee took time to enlighten the Mighty Mukuru Wanderers legal team on rules governing football disputes.
The legal team comprised of Kalekeni Kaphale SC, David Kanyenda and Chauncy Gondwe, all seasoned lawyers.
According to the ruling, which we have seen, the committee noted that the defence theory on Wanderers was that of mainstream legal rules procedures, which are only applicable in the mainstream civil law, and not in matters to do with football disputes.
“Upon commencement of the proceedings, Mighty Mukuru Wanderers Football Club raised a preliminary objection to the effect that the Competitions Committee was functus officio and therefore cannot proceed and preside over the hearing of the matter. This is an unknown procedure in football and not provided for in the Rules and Regulations.
“Upon being asked under what rule in football that Mighty Mukuru Wanderers Football Club were bringing up the matter on, the legal team could only cite mainstream legal rules. A timely reminder was afforded to Mighty Mukuru Wanderers that the Competitions Committee was constituted as a tribunal and not a court of law and was not going to discuss issues of substantive law.
“The team was reminded that issues of football were not in the first place subject to substantive civil law, that is why all participants in football understand that football matters are not taken to civil courts of law. It was further made clear that the Committee was going to dispose the matter without undue recourse to principles and procedures that are applicable in mainstream civil law. The objection was overruled, and the meeting proceeded to hear the substantive issues,” reads part of the ruling, signed by Gunda.
During the course of the hearing, according to the ruling, Wanderers legal represented demanded that they cross examine the match officials who filed the match report, a path which is also based on rules of procedure and evidence required in the courts of law.
“They were reminded again that the Committee was not a court of law but a tribunal that was seized with the responsibility of deciding matters on substantive issues in line with the principles obtaining in the running of football and not in civil courts of law.
“It is very clear that what obtains in the civil or criminal court of law is not what obtains in football or sports circles. Football has its own rules that govern it, and the Committee overruled the observations. It was presented to them that in as far as football rules are concerned the match officials’ reports are conclusive on matters happening at football matches and are taken as evidence of what happened. Further it was presented to them that in the absence of them proving that the television image was tampered with, it was also taken as conclusive evidence of what transpired on the day.
“It must be emphasized again that rules or procedure obtaining in courts of law do not apply in football. That is why the canon rule is that football matters should not be brought before ordinary courts of law. Mighty Mukuru Wanderers submissions in respect of this matter has been premised on nothing but rules of procedure and rules in court of law. They ought to be reminded that this is football, and matters are dealt with by following rules and procedure obtaining in football. The Committee is not a court of law, and surely can never be one.,” said the ruling, dated November 15, 2023.
Due to the team’s performance during the hearing, the committee noted a very big gap in knowledge of rules governing football.
The Committee took note of the fact that there is need for football clubs, and all those involved in football, to be aware that football is governed by its own set of rules that must be respected. The administration of the game is not governed by mainstream civil laws or adjudicated by recourse to court of law. Football must be run on its own rules and all parties involved in the game must adhere to these rules.
“Football matters are resolved by tribunals established under the football structures and not courts of law. Accordingly, football clubs, including its administrators must abide by the principles set in the game, and must desist from bringing unnecessary delays to the resolution of football related disputes through unnecessary technical objections premised on mainstream civil laws and not on the facts,” said the ruling.
Meanwhile, Wanderers general secretary Chancy Gondwe said they will appeal the ruling.
