Court gives affiliates relief

The High Court of Malawi in has ordered the Football Association of Malawi (FAM) to allow its three de-linked members attend this Saturday’s annual general meeting (AGM) at Sunbird Livingstonia Beach in Salima as affiliates.

The order follows an application by the National Football Coaches Association for its reinstatement as an affiliate of FAM alongside the National Youth Football Association and the National Football Referees Association.

Kanyenda (L) walks out of the court alongside his colleague Dziwani Singano after the court session.

| Solomon Manda

Initially, FAM invited the expelled members to attend its annual congress as stakeholders, but during a hearing in Blantyre yesterday, High Court Judge Allan Hans Muhome said the expelled affiliates deserve to attend as full members while waiting for a further determination of the case.

“If they are allowed to attend, what is going to suffer? Let them attend the AGM as members,” he said.

The judge came up with the order as temporary relief for the claimant after FAM lawyer Luciano Mickeus argued that they needed at least two days to organise themselves because the case statement and other documents that the coaches body, through lawyer David Kanyenda, served them with on Monday, were erroneously misplaced.

But Kanyenda perceived the excuse as a deliberate action to deter his clients from fulfilling their wish to attend the AGM as affiliates since the meeting is just two days away.

While accepting the court order and allowing the affiliates to attend the AGM, in an interview after the hearing Mickeus argued that the three members will have to use own logistical arrangements.

He said: “Every AGM has its own procedures. It is unfortunate that the claimant has put us in an awkward situation. They had ample time to file this application. They were expelled in June last year, but only came to this court on June 19.

“This was a deliberate move to put us in a corner. If they do not attend the AGM, what will they lose? There is no issue at the AGM that relates to them.

“All the same, we accept the court order, but they have to make own logistical arrangements.”

On his part, Kanyenda said it will be a contempt of court if FAM does not to provide logistical arrangements for the three entities.

“There are consequences if the defendants fail to comply with the court order. We will just wait and see what happens before deciding our next action,” he said.

The coaches body also wanted the court to grant them an injunction restraining FAM from holding the AGM without the three expelled affiliates.

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