By SANDRA MWILA –
THE Football Association of Zambia (FAZ) has written FIFA seeking guidance on the matter concerning Richard Kazala.
FAZ general secretary Ponga Liwewe argued in the letter that it was FAZ’s view that Kazala’s action was ground for disciplinary action by the association and that such action should not be deemed excessive.
And as a result of Kazala’s exparte order, Liwewe stated in the letter that the annual general meeting would not address Kazala’s issue because the case was before the courts of law after FAZ was compelled Football House to file an affidavit.
FAZ wrote to FIFA after the Kitwe High Court exparte order which reinstated Kazala as vice president.
Liwewe stated that the Court of Arbitration for Sports (CAS) ruled that the matter involving Kazala and FAZ be settled through Consent Arbitral Award.
“I wish to advise that the former vice president Kazala has registered an exparte order in an ordinary court of law. Thereby taking legal actions against FAZ and breaching the constitution of FAZ,” Liwewe said.
Liwewe said FAZ was of the view that the matter be addressed within the provisions of the constitution which does not allow court action.
“The constitution of FAZ states in Article 13(1) (f) under members obligations that: to adopt statutory clause specifying that any dispute requesting arbitration involving itself or one of its members and relating to statutes, regulations, directives and decisions of FIFA ,CAF, FAZ or the leagues shall come solely under the jurisdiction of arbitration tribunal or CAS …both specified in the FIFA statues in Article 59.2 and 59.3,” Liwewe said.
Liwewe said FAZ view was that Kazala’s action was ground for disciplinary action by the association and that such action would not be deemed excessive.
This is in a matter Kazala was expelled by the FAZ Council on 12 counts of gross misconduct, a decision he challenged and cited that FAZ did not followed procedure.
But Kazala challenged the decision and wrote to CAS who ruled that he be heard during the AGM that would be held this weekend after he had appealed the ban imposed by FAZ.
Among chargers Kazala was slapped with included failure to account for gate takings during a
World Cup qualifier and undermining FAZ president Andrew Kamanga by declaring himself a president.
CAS also ruled that FAZ could add more charges apart from the 12 that were there but Kazala denied seven of the charges and only acknowledged five.
However, Kazala on Tuesday obtained an exparte order which reinstated him as vice president.
The order compelled FAZ to let Kazala be heard by the council properly constituted whose membership shall be members appointed or elected by club leagues and not nominated by individual clubs.
It also demanded an independent person preside over the hearing during the AGM and not the president and that should reflect in the agenda of the AGM. Kazala was also supposed to be provided adequate security at the venue of the AGM.
The order stated that in default of meeting any of the orders, Kazala should be deemed reinstated to his position as vice president and serve the remainder of the duration of his term calculated from the date of his suspension which is November 4, 2016.