Sport

Kalu Appeals FAZ’s Decision To Bar Him From Contesting Presidency

Football icon Kalusha Bwalya has lodged an appeal against the decision of the Ethics Committee at the Football Association of Zambia to bar him from contesting the football body’s presidency at the March 28 elective Annual General Meeting.

This decision was communicated by the Electoral Committee of FAZ after Kalusha allegedly failed the integrity test.

The former FAZ president has raised preliminary issues in the matter and wants the Appeals Committee to determine whether or not the failure by the Ethics committee to furnish him with reasons for the purported failure of the integrity check is in violation of FIFA’s Article 74 of the FIFA Code of Ethics on transparency given that Article 60 of the FAZ constitution requires that the Code of Ethics of FAZ be in accordance with the principle as laid down in the valid FIFA Code of Ethics.

Lewis Nathan Advocates and Gilbert Phiri of PNP Advocates, who are acting on behalf of Kalusha, wrote a letter dated February 17, 2020,  duly signed by the lawyers, addressed to the FAZ Appeals Committee at the Football House.

They stated that they were acting for Kalusha regarding the matter of appeal emanating from the FAZ Ethics Committee and communicated to their client by the Electoral Committee and that their interest should be noted.

“We humbly lodge in the appellant’s appeal together with bundles of documents on which the appellant shall place reliance,” stated the letter also copied to PNP Advocates.

The lawyers requested that while Kalusha places reliance on the appeal as filed, they wish to augment the appeal and the preliminary issues raised with viva voce submissions and hoped that they shall be accorded the opportunity.

And the lawyers stated that Kalusha on February 6 successfully filed in his nomination for the position of FAZ president and submitted the candidate nomination form.

They stated that he also filed in a questionnaire which forms part of FAZ Electoral Code 2020 Edition, adding that he filed all the requirements for an integrity check in accordance with FAZ statutes.

The lawyers stated that it is important to stress that the Electoral Code 2020 Edition was adopted on February 1, 2020 at the FAZ Emergency General Meeting.

However, Kalusha has raised preliminary issues, which he says are foundational which if properly and fairly determined will annul the decision to bar.

In the preliminary issues, Kalusha’s lawyers want the Appeals Committee to determine among other questions whether or not, the Ethics Committee was properly constituted given that no evidence exists of its members having undergone mandatory integrity checks by the Audit and Compliance Committee prior to their appointment as required by Article 58 (3) of the FAZ constitution.

The lawyers also want the Appeals Committee to determine whether or not the failure by the committee to furnish Kalusha with reasons for the purported failure of the integrity check is in violation of FIFA’s Article 74 of the FIFA Code of Ethics on transparency given that Article 60 of the FAZ constitution requires that the Code of Ethics of FAZ be in accordance with the principle as laid down in the valid FIFA Code of Ethics.

And Kalusha’s lawyers stated that they have tendered nine grounds of appeal in the unlikely event that the Appeals Committee do not uphold the preliminary issues.

In it’s grounds of appeal, Kalusha stated that the Ethics Committee misdirected itself in law and fact when it convened to carry out integrity checks of electoral candidates for various positions at FAZ when all its members had not undergone integrity checks by the Audit and Compliance Committee as required by Article 58 (3) of the FAZ constitution.

On this ground,  Kalusha argues that it is a requirement under Article 12 (e) of the FAZ constitution for members to be informed of the affairs of FAZ through the officials bodies of FAZ and at no time were members ever informed of the integrity checks on members of the Ethics Committee.

Kalusha has urged the Committee to uphold the ground of appeal whose effect will be to set aside the decision of the Ethics Committee to bar him from contesting the presidency position as it is wanting in authority and jurisdiction at the time of rendering its decision.

They have also argued that the Committee misdirected itself when it did not hear Kalusha during the integrity checks and before it announced its verdict as this action is contrary to the provisions of Article 71,74 and 75 of the FIFA Code of Ethics whose principle is applicable as the FAZ Code of Ethics, if it was in existence, would have been expected to follow.

He added that rules of natural justice exist to check against blatant discrimination of rights of individuals.

Kalusha further submitted that the Ethics Committee erred both in law and fact when it purported to conduct integrity checks without the yardstick of the FAZ Code of Ethics as the same does not exist contrary to Article 60 of the FAZ constitution.

Richard Kazala and Suzyo Zimba are two others whose nominations for the FAZ presidency were rejected.

Successful candidates are current FAZ president Andrew Kamanga, former FAZ vice-president Emmanuel Munaile and soccer administrator Joseph Nkole.

Copyright © 2020 ZR.

 

20 Comments

  1. Rocky

    If I was kalu I could not appeal the matter as a sign of maturity and to show that my area of interest was not to benefit myself but to contribute to the nation….

  2. Information & broadcasting

    The story is too long just for football. You don’t give us such long stories when HH is expelled from Chilubi or when lusaka city council fails to collect garbage or can’t fix drainage.

  3. Such a fool

    Rocky you are such a fool don’t you know that it will destroy his name and future opportunities if he does not prove himself innocent.

    • Dossier

      Kalu was convicted and sentence was passed. The sentence was only reduced and paid,this doesn’t mean he was cleared of wrong doings.

  4. Joe London

    Ba Rocky the Great Kalu does not want to benefit himself from becoming the FAZ boss.This is the thing he like most.Let me take you back,Kalu had a good job in Mufulira before he turned a professional footballer, remember he left that nice job and chose football ofcouse as a young man.He likes football all his life. He just want to help and contribute like he did after the Garbon disaster as a player and in 2012 as an administrator. So please give him space as I believe he has more knowledge in this area.

    • Dossier

      …is he not the one who refused to vote for Rainford Kalaba in 2012 African footballer of the year award to avoid another Zambian name to equal him?
      …is he not the one who dubiously obtain the $80,000 from that Qatar football chief and never declared?
      …is he not the one who was involved in Emanuel Mbora saga?
      …how best do you know about the Evans Kangwa saga to Israel?

  5. Joe London

    Please why are you so troubled, you are bringing HH in the issues of football, Don’t compare Kalu and your HH.Here we are discussing the great Kalu and football in Zambia. Find a different platform for HH not this one and leave reporter and our great Kalu olone.Mind great Kalu is known the world over and not your HH.Stop it I say.

    • HH NI BOSS

      Stop been foolish and leave hh alone and dont compare hh’s intergrity to that corrupt kalu of yours. Kalu was banned by fifa from active football due to lack of intergrity and accountability. Kalu is broke that is reason why to is comeback to contest for faz presidency just for selfish motives and gain. Kalu always wanting to serve zambian football when he is bankcruft i think that is unfair to zambian football and the decline of zambia national began during kalu’s reign at football institution back in 2013 africa cup of nations in south africa incase you have forget. Kamanga he has made mistakes but not has kalu deeds when he parcipated in emmanuel mbola and mayuka’s tranfer saga and in the end mbola was banned from active football by fifa and for mayuka’s kabwe warriors was betrayed by faz president then kalu and this all impase lead to resignation of faz vice president Emmanuel munaile. Today you are insulting some who want to air dispressure about hh’s chilubi saga. Kalu has no interest in saving zambian football with intergrity but for selfish motives and self interest. HH can employee kalu and give him good wages though he is not famous.

  6. WHAT GOOD JOB?

    Comrade I lived on the same street with your so called great Kalu and never saw him work apart from playing soccer.
    If is that great he should humble himself. How many years was he vice president and the president of FAZ. He should learn to let go. He is no different from a despote. Truth be told, he is broke as a church mouse before mass. Shame on him!

    • HH NI BOSS

      Kalusha is broke and he has no money that’s true my brother. Kalu came to zanbia 2004 he was broke and tomm mutine gave a job as zambian national team assistant coach to ben mbafuchile may his soul rest in peace kalu betrayed coach ben and too over as zambian national team coach. Zambian league has improved and zambian football prayers are protected thru their contractual oblingations to their respective clubs. Today zambian football league has improved and been recognised worl over and improved african football ranking to 5th on the log. Faz started give out football kits to lower divisions which we never saw it happens during kalu’s reign as faz president. Vote HH and he will improve football infratructure and sports as the all.

  7. Chilubo

    I think Kalusha should now leave chance to other people to contribute as well to football development in the country. Thanks for his contribution to our football standard in Zambia, we are now expecting different ideas from people like Munaile if it means going back to a footballer as administrator

  8. Abena kafue

    Ba kalu ikalenifye if you are bemba and understand it. Mwikala patalala Mwine apatalalika.

  9. Ken Sex Legendary

    Ba @Joe London which space are you talking about. The guy already had one and it’s time to move on. There are many Zambians out there with football game at heart. It’s clear that this guy was found wanting by FIFA and his “punishment” term was just “reduced”and not “cleared” of wrong doing. Kalu’s ‘hands’ are therefore not “clean” to be an administrator of FAZ. Instead of enjoying his retirement ati iyo ndecita appeal, cimozi mozi na kucayako ka last upeza kuti watuna!!!!

  10. Jomwa

    Please people of Zambia what u should know is that kalu is still energetic to contribute to the development of football in Zambia without boundaries no what, Bemba’s say uukupatile tatila busuma bo. Zambians forgets. faster than they knew some one, so give him on other chance.

  11. amos

    Kalu makes a good president I believe he can fix the current situation…we are facing

  12. kamanga must go

    Kamanga is afraid of Kalu knowing that the results will be over turned. He will lose to Kalu that’s why he is trying by all means to stop him from contesting.
    IT IS THE RETURN OF A NINJA

  13. Razor

    He is now broke and trying all the tricks to get back into FAZ so that he starts receiving bribes like before. But this time he knows not to leave evidence behind which made him get caught. Dont let this mambala come anywhere near FAZ coffers.

  14. Mwale

    Go go Kalu and appeal. Ignore your critics. No matter how good you are, you shall always have people speaking evil about you.

  15. MUNGONI SOGOLA WAJERE

    Kalu our heroe!
    Go on with your appeal.Football in Zambia has gone down because of jealours among the techinical parnel.Imargin AFCON quantifying matches,they took local players and young froffesionsls under 23 Who haven’t tactics as if it was CHAN.That’s why most of the season’s we found out of qualifiers bcoz of big jealous in FAZ.Mlekeni GREAT K akachite contest why U jealous officials being afraid of Kalu after all Kalu is the one with soft ideas which can take football head in zambia.Iwe Kalu limbikila uzakawina god nainly bless those who are hated naturally AMEN.

  16. One Ndowelazeezo

    I think Mr kalu u should go and lest but we are not going to 4get what you have done for us u are still our hero but sir remember that proud is 2exchange each other thank mr 4mmer faz President

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