Lusaka, Zambia (PANA) – Zambia’s football icon Kalusha Bwalya has appealed against the decision of the Ethics Committee at Football Association of Zambia (FAZ) to bar him from contesting the football body's presidency at the March 28 elective Annual General Meeting.
According to the Electoral Committee of FAZ, Kalusha allegedly failed the integrity test.
Kalusha, FAZ former president, 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 FIFA Code of Ethics.
Kalusha’s lawyers, Lewis Nathan and Gilbert Phiri have written a letter 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," the letter stated.
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.
Kalusha on 6 February successfully filed his nomination for the position of FAZ president and submitted the candidate nomination form.
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.
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 official bodies of FAZ and at no time were members ever informed of the integrity checks on members of the Ethics Committee.
The lawyers 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.
-0- PANA MM/AR 18Feb2020